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Climate Change Act 2008
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Part 1Regulations made by a single national authority
1This Part of this Schedule applies in relation to an instrument containing regulations under this Part of this Act made by a single national authority.
2(1)Where the instrument contains regulations that—
(a)are to be made by the Secretary of State, and
(b)are subject to affirmative resolution procedure,
the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
(2)Where the instrument contains regulations that—
(a)are to be made by a national authority other than the Secretary of State, and
(b)are subject to affirmative resolution procedure,
the regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the relevant devolved legislature.
3(1)An instrument containing regulations made by the Secretary of State that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of either House of Parliament.
(2)An instrument containing regulations made by the Scottish Ministers that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(3)An instrument containing regulations made by the Welsh Ministers that are subject to negative resolution procedure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4)An instrument containing regulations made by a Northern Ireland department that are subject to negative resolution procedure is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.
4Any provision that may be made by regulations subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure.
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