1.Type C, D and E regulations made by the Secretary of State are to be made by statutory instrument.
2.Except as specified in paragraphs 5 and 6, a statutory instrument containing type C regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
3.A statutory instrument containing type D regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
4.A statutory instrument containing type E regulations made by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5.Except as specified in paragraph 6, a statutory instrument containing regulations made by the Secretary of State under Article 10(2), 21(2) or 30(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6.A statutory instrument containing regulations made by the Secretary of State made under Article 21(2) may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
7.After an instrument is made in accordance with paragraph 6, it must be laid before each House of Parliament.
8.Regulations contained in an instrument made in accordance with paragraph 6 cease to have effect at the end of the period of one month beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
9.In calculating the period of one month, no account is to be taken of any time during which:
(a)Parliament is dissolved or prorogued, or
(b)either House of Parliament is adjourned for more than four days.
10.If regulations cease to have effect as a result of paragraph 8, that does not:
(a)affect the validity of anything previously done under the regulations;
(b)prevent the making of new regulations.]
Textual Amendments
F1Arts. 51-51e substituted for Art. 51 by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), reg. 1, Sch. (as amended by S.I. 2020/1501, regs. 1(a), 5(4)); 2020 c. 1, Sch. 5 para. 1(1)