(1)An order or regulations made by the Secretary of State under this Act—
(a)shall be made by statutory instrument,
(b)may contain savings and transitional provisions, and
(c)may make different provision for different purposes.
(2)Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—
(a)section 4(3);
(b)section 24(2)(e);
[F1(ba)section 63C(3)(d);]
(c)section 72;
(d)section 79(5);
(e)section 80(9);
[F2(f)section 97(1) or (3);
(g)section 100(1)(b);]
(h)section 119(1) or (2);
(i)paragraph 52(1)(a) or (b) of Schedule 4;
(j)paragraph 17(4) of Schedule 7;
(k)paragraph 3(1)(b) of Schedule 8;
(l)paragraph 19 of Schedule 8.
(3)In the cases of—
(a)the first order to be made under paragraph 17(4) of Schedule 7, and
(b)the first order to be made under paragraph 19 of Schedule 8,
the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).
(4)An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—
(a)section 3(3);
(b)section 53(2);
(c)section 65(3);
(d)section 96;
(e)section 101(4);
(f)section 112(2);
(g)paragraph 2(2) of Schedule 1;
(h)paragraph 6(2) or 7(3) of Schedule 6;
(i)paragraph 16 of Schedule 7;
(j)paragraph 3(2) of Schedule 8;
(k)paragraph 4(4) of Schedule 8;
(l)paragraph 4(1)(e) of Schedule 14;
(m)paragraph 7(3) of Schedule 14.
(5)An order or regulations under a provision mentioned in subsection (4), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
(a)shall contain a declaration of the Secretary of State’s opinion, and
(b)shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
(6)For the purposes of subsection (5)—
(a)a code of practice or revised code to which an order relates shall cease to have effect together with the order,
(b)an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
(c)the period of 40 days shall be computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946.
(7)An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.
(8)Subsection (1)(a) does not apply to an order made—
(a)under section 94,
[F3(b)by virtue of paragraph 36 of Schedule 4, or
(c)under or by virtue of any of paragraphs 19 to 21 of Schedule 5.]
(9)Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.
Textual Amendments
F1S. 123(2)(ba) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 91(1), Sch. 5 para. 77; S.I. 2004/786, art. 3(1)(2)
F2S. 123(2)(f)(g) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.
F3S. 123(8)(b)(c) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.
Marginal Citations