(1)Regulations made under this Act by the Secretary of State are to be made by statutory instrument.
(2)A power to make regulations under this Act includes power to make—
(a)different provision for different purposes or cases;
(b)incidental, supplementary or consequential provision;
(c)transitional, transitory or saving provision.
(3)Where regulations under this Act are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Where regulations under this Act—
(a)are subject to the affirmative procedure, and
(b)are made after the initial period,
they 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.
(5)Where regulations under this Act—
(a)are subject to the affirmative procedure, and
(b)are made during the initial period,
the statutory instrument containing them must be laid before Parliament after being made.
(6)Regulations contained in a statutory instrument laid before Parliament under subsection (5) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(7)In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a)Parliament is dissolved or prorogued, or
(b)either House of Parliament is adjourned for more than four days.
(8)If regulations cease to have effect as a result of subsection (7), that does not—
(a)affect the validity of anything previously done under the regulations, or
(b)prevent the making of new regulations.
(9)Any provision that may be included in regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.
(10)If a draft of a statutory instrument containing regulations made under this Act by the Secretary of State would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if were not a hybrid instrument.
(11)In this section “initial period” means the period of six months beginning with the day on which this Act is passed.
Commencement Information
I1S. 26 in force at Royal Assent, see s. 30(6)