Part XII Supplementary Provisions

Subordinate legislation etc.

I1186 Parliamentary control of orders and regulations.

1

Subject to subsections (2) and (3), a statutory instrument which contains (whether alone or with other provisions) any regulations or order made under this Act by the Secretary of State F6or the Treasury shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

Subsection (1) shall not apply to any order which under any provision of this Act is required to be laid before Parliament after being made or is subject to a requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament or to any order made under section 193 or paragraph 1 of Schedule 9.

3

Subject to subsection (4), a statutory instrument which contains (whether alone or with other provisions)—

F4a

regulations made under section 24B(5), or

F3b

regulations made by virtue of section 49, or

F3c

an order under section 153(8), or

F3d

regulations made by virtue of subsection (1)(a) of section 165 applying such provisions as mentioned in subsection (2)(b) of that section, F1or

F3e

regulations made by virtue of section 168(2)F7, or

f

regulations made under section 97A(11)

shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

4

Subsection (3) does not apply to such regulations as mentioned in paragraph F5(b) or (d) of that subsection if—

a

they are made for the purpose only of consolidating regulations which they revoke, or

b

so far as they are made under powers conferred by the provisions mentioned in that paragraph, they only replace provisions of previous regulations with new provisions to the same effect.

5

In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of section 184(3) F2... shall be deemed to be satisfied as respects either House of Parliament if a copy of the report and the statement in question are laid before that House not later than the second day on which the House sits after the laying of the regulations.

F86

Regulations made by the Scottish Ministers under section 97B(11) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).