Public Health Act (Northern Ireland) 1967

[F1 Regulations under Part 1A: general N.I.

F1 Pt. 1A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 18 (with ss. 89, 90)

25P Assembly control N.I.

(1) Regulations under this Part are subject to negative resolution; but this does not apply to—

(a) regulations to which subsection (2) applies;

(b) regulations contained in a statutory rule by virtue of subsection (6) or section 25Q(8) (composite instruments).

(2) Regulations to which this subsection applies (as to which, see subsections (4) and (5)) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(3) Subsection (2) is subject to section 25Q (emergency procedure).

(4) Subsection (2) applies to—

(a) regulations under section 25C (but see subsection (5)),

(b) regulations which amend a statutory provision pursuant to section 25F(3),

(c) the first regulations to be made under section 25G(7),

(d) the first regulations to be made under section 25L(5), or

(e) the first regulations to be made under section 25N.

(5) Subsection (2) does not apply to regulations under section 25C if the regulations contain a declaration that the Department is of the opinion that the regulations do not include any provision made by virtue of section 25C(3)(c) which imposes or enables the imposition of—

(a) a special restriction or requirement, or

(b) any other restriction or requirement which has or would have a significant effect on a person's rights.

(6) A statutory rule that (in accordance with subsection (2)) is laid before, and approved by a resolution of, the Assembly may contain regulations that would, but for subsection (1)(b) and this subsection, be subject to negative resolution.

25Q Emergency procedure N.I.

(1) This section applies to regulations to which subsection (2) of section 25P applies.

(2) The regulations may be made without a draft having been laid and approved as mentioned in subsection (2) of that section if the regulations contain a declaration that the Department is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

(3) After regulations are made in accordance with subsection (2), they must be laid before the Assembly.

(4) Regulations made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Assembly.

(5) But if on any day during that period, on proceedings on a motion that (or to the effect that) the regulations be so approved, the Assembly comes to a decision rejecting the regulations, they cease to have effect at the end of that day instead.

(6) In reckoning any such period of 28 days, no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than 4 days.

(7) Subsections (4) and (5) do not—

(a) affect anything done in reliance on the regulations before they ceased to have effect, or

(b) prevent the making of new regulations.

(8) A statutory rule that is made in accordance with subsection (2) may contain regulations that would, but for section 25P(1)(b) and this subsection, be subject to negative resolution.]