Pension Schemes Act 1993

186 Parliamentary control of orders and regulations. U.K.

(1) Subject to subsections (2) and (3), a statutory instrument which contains (whether alone or with other provisions) any regulations or order made under this Act by the Secretary of State [F1 or the Treasury] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) shall not apply to any order which under any provision of this Act is required to be laid before Parliament after being made or is subject to a requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament or to any order made under section 193 or paragraph 1 of Schedule 9.

(3) Subject to subsection (4), a statutory instrument which contains (whether alone or with other provisions)—

[F2 (a) regulations made under section 24B(5), or]

[F3 (b)] regulations made by virtue of section 49, or

[F3 (c)] an order under section 153(8), or

[F3 (d)] regulations made by virtue of subsection (1)(a) of section 165 applying such provisions as mentioned in subsection (2)(b) of that section, [F4 or

[F3 (e)] regulations made by virtue of section 168(2)] [F5 , or

(f) regulations made under section 97A(11)] [F6 , or

(g) regulations under section 99(2)(c), or

(h) regulations under section 99A(2)(b),]

shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(4) Subsection (3) does not apply to such regulations as mentioned in paragraph [F7 (b) or (d)] of that subsection if—

(a) they are made for the purpose only of consolidating regulations which they revoke, or

(b) so far as they are made under powers conferred by the provisions mentioned in that paragraph, they only replace provisions of previous regulations with new provisions to the same effect.

(5) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of section 184(3) F8 ... shall be deemed to be satisfied as respects either House of Parliament if a copy of the report and the statement in question are laid before that House not later than the second day on which the House sits after the laying of the regulations.

[F9 (6) Regulations made by the Scottish Ministers under section 97B(11) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).]

Textual Amendments

F1 Words in s. 186(1) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 70(3)(a), 89(3)(b) (with s. 87)

F2 S. 186(3)(a) inserted (E.W.S.) (1.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act 2007 (c. 22), ss. 14(12)(a), 30(2)(a); S.I. 2009/406, art. 2(a)(b)

F3 S. 186(3)(a)-(d) renumbered as s. 186(3)(b)-(e) (E.W.S.) (1.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act 2007 (c. 22), ss. 14(12)(b), 30(2)(a); S.I. 2009/406, art. 2(a)(b)

F4 S. 186(3)(d) and preceding word inserted (6.4.1996 for specified purposes, 1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 155(2), 180(1); S.I. 1996/778, art. 2(5)(a), Sch. Pt. V; S.I. 1996/1412, art. 2(2), Sch. Pt. II; S.I. 1997/664, art. 2(3), Sch. Pt. II

F5 S. 186(3)(f) and preceding word inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 70(3)(b), 89(3)(b) (with s. 87)

F6 S. 186(3)(g)(h) and preceding word inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 3 para. 4; S.I. 2022/721, regs. 1(2), 3(a)

F7 Words in s. 186(4) substituted (E.W.S.) (1.3.2009 for specified purposes, 6.4.2009 in so far as not already in force) by Pensions Act 2007 (c. 22), ss. 14(12)(c), 30(2)(a); S.I. 2009/406, art. 2(a)(b)

F8 Words in s. 186(5) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 81, Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F9 S. 186(6) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 70(3)(c), 89(3)(b) (with s. 87)

Commencement Information

I1 Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2