Part XXX

Supplemental

Parliamentary control of statutory instruments
429
1
No order is to be made under—
a
section 144(4), 192(b) or (e), 236(5), 404 or 419, or
b
paragraph 1 of Schedule 8,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
2
No regulations are to be made under section 262 unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
3
An order to which, if it is made, subsection (4) or (5) will apply is not to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
4
This subsection applies to an order under section 21 if—
a
it is the first order to be made, or to contain provisions made, under section 21(4);
b
it varies an order made under section 21(4) so as to make section 21(1) apply in circumstances in which it did not previously apply;
c
it is the first order to be made, or to contain provision made, under section 21(5);
d
it varies a previous order made under section 21(5) so as to make section 21(1) apply in circumstances in which it did not, as a result of that previous order, apply;
e
it is the first order to be made, or to contain provisions made, under section 21(9) or (10);
f
it adds one or more activities to those that are controlled activities for the purposes of section 21; or
g
it adds one or more investments to those which are controlled investments for the purposes of section 21.
5
This subsection applies to an order under section 38 if—
a
it is the first order to be made, or to contain provisions made, under that section; or
b
it contains provisions restricting or removing an exemption provided by an earlier order made under that section.
6
An order containing a provision to which, if the order is made, subsection (7) will apply is not to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
7
This subsection applies to a provision contained in an order if—
a
it is the first to be made in the exercise of the power conferred by subsection (1) of section 326 or it removes a body from those for the time being designated under that subsection; or
b
it is the first to be made in the exercise of the power conferred by subsection (6) of section 327 or it adds a description of regulated activity or investment to those for the time being specified for the purposes of that subsection.
8
Any other statutory instrument made under this Act, apart from one made under section 431(2) or to which paragraph 26 of Schedule 2 applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.