(1)The first regulations to be made by the Secretary of State under section 219 are subject to the affirmative procedure.
(2)The following regulations made by the Secretary of State are also subject to the affirmative procedure—
(a)regulations under section 219 which are made by virtue of—
(i)paragraph 12(1) of Schedule 18,
(ii)paragraph 23(1) of Schedule 18,
(iii)paragraph 32 of Schedule 18,
(iv)any provision of Part 8 or 9 of Schedule 18, or
(v)paragraph 56 of Schedule 18;
(b)regulations under section 219 which create an offence or provide for an increase in the penalty for an existing offence;
(c)regulations under section 219 which amend or repeal any provision of legislation mentioned in section 219(5).
(3)Any other regulations made by the Secretary of State under section 219 are subject to the negative procedure.
(4)The power of the Department to make regulations under section 219 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5)The first regulations to be made by the Department under section 219 may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(6)Regulations made by the Department under section 219 containing any of the following regulations (whether alone or with other regulations) may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly—
(a)regulations under section 219 which are made by virtue of—
(i)paragraph 12(1) of Schedule 18,
(ii)paragraph 32 of Schedule 18,
(iii)any provision of Part 8 or 9 of Schedule 18, or
(iv)paragraph 56 of Schedule 18;
(b)regulations under section 219 which create an offence or provide for an increase in the penalty for an existing offence;
(c)regulations under section 219 which amend or repeal any provision of Northern Ireland legislation.
(7)Any other regulations made by the Department under section 219 are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
Commencement Information
I1S. 221 in force at Royal Assent, see s. 334(2)(l)