Part 6General supplementary provisions

Orders and regulations

91Affirmative and negative resolution procedure

1

Where orders or regulations under this Act are subject to “affirmative resolution procedure” the order or regulations must not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.

2

Where orders or regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the order or regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Any provision that may be made by an order or regulations under this Act subject to negative resolution procedure may be made by an order or regulations subject to affirmative resolution procedure.

4

This section does not apply to—

a

regulations under Part 3 (trading schemes) (but see Schedule 3), or

b

regulations under Schedule 6 (but see Part 3 of that Schedule).