Social Security Contributions and Benefits Act 1992

176 Parliamentary control

(1) Subject to the provisions of this section, a statutory instrument containing (whether alone or with other provisions)—

(a) regulations made by virtue of—

• section 11(3);

• section 18;

• section 19(4) to (6);

• section 28(3);

• section 32(2);

• section 59(2);

• section 104(3);

• section 117;

• section 118;

• section 145;

• section 158(2) or (3);

(b) regulations prescribing payments for the purposes of the definition of “payments by way of occupational or personal pension” in section 122(1) above;

(c) an order under—

• section 28(2);

• section 57(8);

• section 148(3)(b);

• section 157(2);

• section 159(1),

shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.

(2) Subsection (1) above does not apply to a statutory instrument by reason only that it contains—

(a) regulations under section 117 which the instrument states are made for the purpose of making provision consequential on the making of an order under section 141, 143, 145, 146 or 162 of the Administration Act;

(b) regulations under powers conferred by any provision mentioned in paragraph (a) of that subsection (other than section 158(2) or (3)) which are to be made for the purpose of consolidating regulations to be revoked in the instrument;

(c) regulations which, in so far as they are made under powers conferred by any provision mentioned in paragraph (a) of that subsection (other than section 145 or 158(2) or (3)), only replace provisions of previous regulations with new provisions to the same effect.

(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) any order, regulations or scheme made under this Act by the Secretary of State, other than an order under section 145(3) above; and

(b) which is not subject to any requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.