(1)Any power to make an order or regulations under this Part is exercisable—
(a)in the case of an order or regulations made by the Minister for the Cabinet Office or other Minister of the Crown, the Scottish Ministers or a Welsh ministerial authority, by statutory instrument, and
(b)in the case of an order or regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).
(2)A Minister of the Crown may not make an order under section 6(1)(b) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
(3)A statutory instrument containing an order made by a Minister of the Crown under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A statutory instrument containing an order made by the Minister for the Cabinet Office under section F1... 50(7) or 51(11) is subject to annulment in pursuance of a resolution of either House of Parliament.
(5)The Minister for the Cabinet Office may not make—
(a)an order under section 11, or
(b)regulations under section F2... 50 or 51,
unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.
(6)The Scottish Ministers may not make—
(a)an order under section 6(1)(b) or 11, or
(b)regulations under section F3... 52,
unless a draft of the instrument containing the order or regulations has been laid before, and approved by resolution of, the Scottish Parliament.
(7)The Welsh Ministers may not make an order under section 6(1)(b) or 11 unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.
(8)A statutory instrument containing an order made by a Welsh ministerial authority under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(9)A statutory rule containing—
(a)an order made by a Northern Ireland department under section 6(1)(b),
(b)an order made by the Department of Finance and Personnel for Northern Ireland under section 11, or
(c)regulations made by a Northern Ireland department under section F4... 53,
is subject to affirmative resolution, within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)).
(10)A statutory rule containing an order made by a Northern Ireland department under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(11)In this section, “relevant legislation” means—
(a)an Act of Parliament;
(b)an Act of the Scottish Parliament;
(c)Northern Ireland legislation;
(d)a Measure or Act of the National Assembly for Wales.
Textual Amendments
F1Words in s. 65(4) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(a), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)
F2Word in s. 65(5)(b) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(b), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)
F3Words in s. 65(6)(b) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(c), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)
F4Words in s. 65(9)(c) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(d), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)
Commencement Information
I1S. 65 in force at 1.12.2007 by S.I. 2007/3388, art. 2(h)