Part 1

Waste
Chapter 1

Waste sent to landfills

Supplementary

Regulations under Chapter 1: procedural provisions
28
1
A statutory instrument that—
a
contains regulations under this Chapter made by the Secretary of State, and
b
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
No affirmative-procedure regulations shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
3
A statutory instrument that—
a
contains regulations under this Chapter made by the Scottish Ministers, and
b
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament,
shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
4
No affirmative-procedure regulations shall be made by the Scottish Ministers unless a draft of the statutory instrument containing them (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.
5
A statutory rule that—
a
contains regulations under this Chapter made by the Department of the Environment, and
b
is not subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act,
shall be subject to negative resolution within the meaning of section 41(6) of that Act.
6
A statutory rule that contains (whether alone or with other provisions) affirmative-procedure regulations made by the Department of the Environment shall be subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act.
7
In this section—
- “affirmative-procedure regulations” means—
  1. regulations under section 1 or 2, and
  2. the first regulations to be made under each of sections 6, 7 and 11 by each of the Secretary of State, the Scottish Ministers and the Department of the Environment;
- “the 1954 Act” means the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).