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European Union (Withdrawal) Act 2018

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This is the original version (as it was originally enacted).

Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown

This section has no associated Explanatory Notes

5(1)Sub-paragraph (2) applies to—

(a)a statutory instrument to which paragraph 1(1) applies, or

(b)a statutory instrument to which paragraph 1(3) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

(2)The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

(3)After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

(4)Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(5)In calculating the period of 28 days, no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)either House of Parliament is adjourned for more than four days.

(6)If regulations cease to have effect as a result of sub-paragraph (4), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

(7)Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Paragraph 3 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

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