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Neighbourhood Planning Act 2017

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This is the original version (as it was originally enacted).

44Regulations

This section has no associated Explanatory Notes

(1)Regulations under this Act are to be made by statutory instrument.

(2)A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a)regulations under section 29(1), (2) or (3) made by the Secretary of State;

(b)regulations under section 42(1) which amend or repeal a provision of primary legislation.

(3)A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4)A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—

(a)regulations under section 25(4);

(b)regulations under section 42(1) which do not amend or repeal a provision of primary legislation.

(5)Regulations under this Act—

(a)may make different provision for different purposes or areas;

(b)may make provision which applies generally or for particular purposes or areas;

(c)may make transitional, transitory or saving provision;

(d)may make incidental, supplementary or consequential provision.

(6)If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(7)In this section “primary legislation” means—

(a)an Act of Parliament, or

(b)a Measure or Act of the National Assembly for Wales.

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