The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Amendment of article 42

12.  In article 42 (exercise of powers by the Privy Council)—

(a) after paragraph (2) insert the following paragraph—

“(2A) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Order is to be taken to be conferred by an Act of Parliament.”; and

(b) for paragraph (3) substitute the following paragraphs—

“(3) A statutory instrument that contains an order made by the Privy Council, other than an order made under article 48(2) or under paragraph 19, 20 or 21 of Schedule 2, shall—

(a) where paragraph (3A) applies, be subject to annulment in pursuance of a resolution of either House of Parliament or a resolution of the Scottish Parliament; or

(b) where paragraph (3A) does not apply, be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A) This paragraph applies to a statutory instrument containing—

(a) an order under article 6(3) that includes measures relating to the regulation of operating department practitioners or practitioner psychologists; or

(b) an order approving rules under article 5(2)(b), 7(2)(c) or (d), 9(2), 10, 19, 26(3), 30(9), 32, 33(4) or 37(4) that include measures relating to the regulation of operating department practitioners or practitioner psychologists.”