Welfare Reform Act 2009

Report on the initial operation of drugs provisions

This section has no associated Explanatory Notes

9(1)The Secretary of State must prepare a report on the operation of the first set of regulations made under paragraphs 1, 2, 3, 5 and 6 of Schedule 1A to the Welfare Reform Act 2007 (c. 5) during the review period.

(2)“The review period” is the period of 24 months beginning with the day on which those regulations come into force.

(3)The Secretary of State must—

(a)prepare the report, and

(b)lay it before Parliament,

within 6 months from the end of the review period.

(4)The continued effect of the drugs provisions depends on whether the Secretary of State makes an order under this sub-paragraph within the relevant period providing for those provisions to continue to have effect.

(5)“The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—

(a)is dissolved or prorogued, or

(b)is adjourned for more than 4 days.

(6)If no order is made as mentioned in sub-paragraph (4), the Secretary of State must instead make an order under this sub-paragraph providing for the repeal of the drugs provisions on a date specified in the order.

(7)An order under sub-paragraph (6) may contain transitional provision or savings.

(8)Any power to make an order under this paragraph is exercisable by statutory instrument.

(9)An order under sub-paragraph (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(10)A statutory instrument containing an order under sub-paragraph (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this paragraph “the drugs provisions” means—

(a)section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (c. 5),

(b)the words inserted into that Act by paragraph 8 of this Schedule, and

(c)paragraphs 6 to 8 of this Schedule.

(12)This paragraph applies whether or not the regulations mentioned in sub-paragraph (1) are, by virtue of section 19 of the Welfare Reform Act 2007 (pilot schemes), made so as to have effect for a limited period.