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11Regulations: control by Parliament or National Assembly for WalesE+W

(1)A statutory instrument containing regulations made under this Act, except one to which subsection (3) applies, is subject to annulment—

(a)in the case of regulations made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

(b)in the case of regulations made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

(2)Subsection (3) applies to an instrument containing (whether alone or with other provisions)—

(a)regulations under section 4, or

(b)regulations under section 5 or 6 which—

(i)create an offence or increase the penalty for an offence, or

(ii)make provision about any of the matters mentioned in section 10(4)(a) to (c).

(3)A statutory instrument to which this subsection applies may not be made unless—

(a)in the case of regulations made by the Secretary of State, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;

(b)in the case of regulations made by the Welsh Ministers, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.