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(1)Any power of the Secretary of State to make an order under this Act (“an order”) is exercisable by statutory instrument.
(2)An order may make such consequential, supplemental or transitional provision as appears to the Secretary of State to be necessary or expedient.
(3)An order under paragraph 12(4)(b) of the Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any other order (except one under section 9(2)) may not be made unless a draft of the order has been approved by a resolution of each House of Parliament.
(5)Except in the case of an order made under paragraph 1(4) of the Schedule, subsection (4) does not apply if the order declares that the Secretary of State considers it expedient for the order to be made without that approval.
(6)An order containing a declaration under subsection (5)—
(a)must be laid before Parliament after being made; and
(b)ceases to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made.
(7)Subsection (6)(b) does not prejudice—
(a)anything done as a result of the order before it ceased to have effect; or
(b)the making of a new order.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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