(1)An order under section 34(5) shall not be made, subject to subsection (2), unless a draft has been laid before and approved by resolution of each House of Parliament.
(2)An order may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
(a)shall contain a declaration of the Secretary of State’s opinion, and
(b)shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
(3)For the purposes of subsection (2)—
(a)a code of practice or revised code to which an order relates shall cease to have effect together with the order,
(b)an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
(c)the period of 40 days shall be computed in accordance with section 7(1) of the Statutory Instruments Act 1946 (c. 36).