Part 6

General

Orders and regulations: Parliamentary control
162
1
Subject to subsection (2), a statutory instrument containing—
a
an order or regulations made by the Secretary of State under this Act,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is subject to annulment in pursuance of a resolution of either House of Parliament.
2
Subsection (1) does not apply to—
a
a statutory instrument to which subsection (3) or (4) applies, or
b
a statutory instrument containing an order made only under section 170(3) (commencement).
3
The Secretary of State may not make a statutory instrument containing (whether alone or with other provision)—
a
regulations under section 8(1) (regulated activities),
b
regulations under section 20 (regulation of regulated activities) which provide that a contravention of or failure to comply with a specified provision of the regulations is an offence punishable with a maximum fine exceeding level 4 on the standard scale,
c
regulations under section 43 (power to modify Chapter 2 of Part 1 in relation to newly regulated activities),
c
regulations under section
46B
(13)
(amendment of definition of relevant health care),
d
regulations under section 87(1)(b) (penalty notices: monetary amount of the penalty) which make provision for a penalty payable under a penalty notice to be of an amount which exceeds that equal to level 4 on the standard scale,
e
the first regulations made by the Secretary of State under section 120 (additional responsibilities of responsible officers),
f
regulations under section 124 (regulation of social care workers) or section 126 (education and training of approved mental health professionals), or
g
an order under section 167 which amends or repeals any provision of an Act of Parliament,
unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 162(1)(b)(c) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(3); S.I. 2012/1319, art. 2(3)
S. 162(4) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 75(3); S.I. 2012/1319, art. 2(3)
S. 162(3)(c) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 31(5), 186(6); S.I. 2023/371, reg. 2(b)