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2(1)An Order in Council may not be made under paragraph 1(1) unless—
(a)a draft of the Order has been approved by resolution of each House of Parliament; or
(b)the Order declares that the Secretary of State has advised Her Majesty that because of the urgency of the matter it is necessary to make the Order without that approval.
(2)An Order which contains a declaration under sub-paragraph (1)(b)—
(a)must be laid before Parliament after being made; and
(b)ceases to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made.
(3)But sub-paragraph (2)(b) does not prejudice—
(a)anything done under the Order before it ceased to have effect; or
(b)the making of a new Order.
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