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(1)Subsections (3) to (7) have effect in the case of a statutory instrument which contains (alone or with other provisions) an order under section 23 which amends or repeals any provision of—
(a)an Act, or
(b)Northern Ireland legislation.
(2)Any other statutory instrument containing an order under that section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)A statutory instrument of a description mentioned in subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4)But subsection (3) does not apply if the order declares that the Secretary of State considers it expedient for the order to be made without that approval.
(5)An order containing a declaration under subsection (4)—
(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.
(6)Subsection (5)(b) does not prejudice—
(a)anything done as a result of the order before it ceased to have effect, or
(b)the making of a new order.
(7)In calculating the period of 40 days mentioned in subsection (5)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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