4F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(5A)Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as would apply to that legislation if it were amending or revoking an enactment contained in subordinate legislation made under a different power.]
(6)Any provision which may be made, confirmed or approved by virtue of paragraph 3 may be included in the same instrument as any other provision which may be so made, confirmed or approved.
(7)Where more than one procedure of a kind falling within sub-paragraph (8) would otherwise apply in the same legislature for an instrument falling within sub-paragraph (6), the higher procedure is to apply in the legislature concerned.
(8)The order of procedures is as follows (the highest first)—
(a)a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,
(b)a procedure which requires the approval of the instrument in draft before it is made,
(c)a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,
(d)a procedure which provides for the annulment of the instrument after it is made,
(e)a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,
(f)no procedure.
(9)The references in this paragraph to F3... amending or revoking an enactment contained in subordinate legislation do not include references to F3... amending or revoking an enactment contained in any Northern Ireland legislation which is an Order in Council.
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 8 para. 4(1)-(5) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(a), 22(1)(d)
F2Sch. 8 para. 4(5A) inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(b), 22(1)(d)
F3Words in Sch. 8 para. 4(9) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(c), 22(1)(d)
F4Sch. 8 para. 4(10) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(d), 22(1)(d)
Modifications etc. (not altering text)
C1Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)
C2Sch. 8 para. 4 excluded (29.6.2023) by 2006 c. 51, s. 12(3) (as inserted by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 16(3), 22(1)(d))
Commencement Information
I1Sch. 8 para. 4 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I2Sch. 8 para. 4 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)