Textual Amendments
F1Pt. 2A inserted (21.7.2008 for specified purposes, 1.4.2009 for the insertion, insofar as relating to E., of ss. 45A, 45C, 45D, 45E, 45F, 45P, 45Q, 45R, 45S and 45T, otherwise 6.4.2010 for E. and 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 129, 170(1)(b); S.I. 2009/462, art. 3; S.I. 2010/708, art. 6(a) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)
(1)An instrument containing regulations under this Part, except one to which subsection (4) applies, is subject to annulment—
(a)in the case of English regulations, in pursuance of a resolution of either House of Parliament;
(b)in the case of Welsh regulations, in pursuance of a resolution of the National Assembly for Wales.
(2)Subject to subsection (3), subsection (4) applies to an instrument containing (whether alone or with other provisions)—
(a)regulations under section 45C,
(b)regulations which amend an enactment pursuant to section 45F(3),
(c)the first regulations to be made under section 45G(7),
(d)the first regulations to be made under section 45L(4), or
(e)the first regulations to be made under section 45N.
(3)Subsection (4) does not apply by virtue of subsection (2)(a) if the instrument contains a declaration that the person making it is of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) which imposes or enables the imposition of—
(a)a special restriction or requirement, or
(b)any other restriction or requirement which has or would have a significant effect on a person's rights.
(4)Subject to section 45R, an instrument to which this subsection applies may not be made unless—
(a)in the case of English regulations, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
(b)in the case of Welsh regulations, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(5)If an instrument, or a draft of an instrument, containing regulations under section 45B or 45C would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
(6)In this section—
“English regulations” means regulations made by the Secretary of State;
“Welsh regulations” means regulations made by the Welsh Ministers.]