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European Union (Withdrawal) Act 2018

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Changes over time for: Cross Heading: Parliamentary committee to sift ... consequential regulations of a Minister of the Crown

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European Union (Withdrawal) Act 2018, Cross Heading: Parliamentary committee to sift ... consequential regulations of a Minister of the Crown is up to date with all changes known to be in force on or before 06 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Parliamentary committee to sift F1... consequential regulations of a Minister of the CrownU.K.

Textual Amendments

F1Words in Sch. 7 para. 17 cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(4) (with s. 38(3), Sch. 5 para. 66)

17(1)Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph F2... 15 applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.U.K.

(2)The Minister may not make the instrument so that it is subject to that procedure unless—

(a)condition 1 is met, and

(b)either condition 2 or 3 is met.

(3)Condition 1 is that a Minister of the Crown—

(a)has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)has laid before each House of Parliament—

(i)a draft of the instrument, and

(ii)a memorandum setting out the statement and the reasons for the Minister's opinion.

(4)Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

(5)Condition 3 is that the relevant period has ended without condition 2 being met.

(6)Sub-paragraph (7) applies if—

(a)a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

(b)the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

(c)the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

(8)If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

(9)A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(10)In this paragraph “the relevant period” means the period—

(a)beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House of Parliament as mentioned in sub-paragraph (3)(b)(i), and

(b)ending with whichever of the following is the later—

(i)the end of the period of 10 Commons sitting days beginning with that first day, and

(ii)the end of the period of 10 Lords sitting days beginning with that first day.

(11)For the purposes of sub-paragraph (10)—

(a)where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3...

(12)Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph F4... 15 applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 19).

(13)Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

Textual Amendments

F3Sch. 7 para. 17(11)(b)(c) and words omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(5)(b) (with s. 38(3), Sch. 5 para. 66)

F4Words in Sch. 7 para. 17(12) omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(5)(c) (with s. 38(3), Sch. 5 para. 66)

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