PART 8Final provisions

57Regulations: references to parliamentary procedures

(1)

Where regulations under this Act are subject to affirmative resolution procedure, the regulations may 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 regulations under this Act are subject to made affirmative procedure—

(a)

the statutory instrument containing them must be laid before Parliament as soon as reasonably practicable after being made; and

(b)

the regulations cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(3)

In calculating the period of 40 days, no account is to be taken of any time during which—

(a)

Parliament is dissolved or prorogued, or

(b)

both Houses of Parliament are adjourned for more than 4 days.

(4)

Where regulations cease to have effect as a result of subsection (3) that does not—

(a)

affect anything previously done under or by virtue of the regulations, or

(b)

prevent the making of new regulations.

(5)

Subsections (2) to (4) do not apply to regulations if a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(6)

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

(7)

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