The Statutory Instruments Regulations 1947

Application to Statutory Rules within 56 & 57 Vict. c. 66

2.—(1) Subject to the provisions of this Regulation, the following documents, namely—

(a) every document being of a legislative and not an executive character made after the commencement of the Principal Act(1) by a rule-making authority as defined in the Rules Publication Act, 1893(2), in the exercise of a statutory power conferred on that authority by or under any Act of Parliament passed before the commencement of the Principal Act, and

(b) every other document which, by virtue of any enactment other than the said Act of 1893, would be subject to the provisions of Section 3 of that Act if that Section had not been repealed,

are hereby determined to constitute such a statutory rule as is referred to in subsection (2) of Section 1 of the Principal Act.

(2) Without prejudice to any Order in Council made under subsection (1) of Section 9 of the Principal Act, the confirmation or approval by a rule-making authority of any scheme, regulations or other subordinate legislation made by a person not being a rule-making authority shall not be deemed to constitute the making of such a statutory rule as aforesaid unless it is required by the enactment under which it is made to be effected by means of an Order in Council or Order made by that authority.

(3) Notwithstanding anything in this Regulation, subsection (2) of Section 1 of the Principal Act shall not apply to—

(a) any document which, although of a legislative character, applies only to a named person or premises and is not required to be laid before or subject to confirmation or approval by Parliament or the House of Commons; or

(b) any Order in Council which, being an Order for which the Lord President of the Council is the responsible authority, confirms or approves subordinate legislation in the nature of a local and personal or private Act; or

(c) any such document as is mentioned in the Schedule to these Regulations.

(1)

The Statutory Instruments Act, 1946, commenced January 1st, 1948 (S.I. 1948 No. 3, p. 4001 above).

(2)

(repealed by the Statutory Instruments Act, 1946).