Welfare Reform Act 2012

43 Regulations: procedure

(1) Regulations under this Part are to be made by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.

(3) A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—

(a) section 4(7) (acceptance of claimant commitment);

(b) section 5(1)(a) and (2)(a) (capital limits);

(c) section 8(3) (income to be deducted in award calculation);

(d) section 9(2) and (3) (standard allowance);

(e) section 10(3) and (4) (children and young persons element);

(f) section 11 (housing costs element);

(g) section 12 (other needs and circumstances element);

(h) section 18(3) and (5) (work availability requirement);

(i) section 19(2)(d) (claimants subject to no work-related requirements);

(j) sections 26 and 27 (sanctions);

(k) section 28 (hardship payments);

(l) paragraph 4 of Schedule 1 (calculation of capital and income);

(m) paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.

(4) A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.

(5) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—

(a) it also contains regulations under another enactment, and

(b) an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.

(6) For the purposes of subsections (2) to (5)—

(a) a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(7) A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.