11Regulations: control by Parliament or National Assembly for Wales

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.