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Northern Ireland (Temporary Provisions) Act 1972

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4(1)Her Majesty shall not be recommended to make an Order in Council under section 1(3) of this Act unless either a draft of the Order has been approved by resolution of each House of Parliament or the Order declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been so approved.

(2)Any Order in Council under section 1(3) of this Act, other than an Order in Council of which a draft has been approved by resolution of each House of Parliament shall be laid before Parliament after being made and, if at the end of the period of forty days (computed in accordance with section 7(1) of the Statutory Instruments Act 1946) after the day on which it is made the Order has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order or to the making of a new Order).

(3)The Secretary of State shall not make any regulations under section 1(3) of the [1922 c. 5 (N.I.).] Civil Authorities (Special Powers) Act (Northern Ireland) 1922 unless either a draft of the regulations has been approved by a resolution of each House of Parliament or the regulations declare that it appears to the Secretary of State that by reason of urgency the regulations require to be made without a draft having been so approved; and where any regulations are so made by the Secretary of State without a draft having been so approved, the last foregoing sub-paragraph shall apply to them as it applies to an Order in Council under section 1(3) of this Act.

(4)An Order in Council under section 1(3) of this Act may, in relation to any statutory rules (including any such rules made by virtue of such an Order in Council), make provision corresponding to the last foregoing sub-paragraph or provision for the rules to be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and for section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 to apply accordingly.

(5)Where under any enactment or instrument it is a condition for the taking of any step (other than the annulment of any instrument), or for the coming of anything into operation, that a resolution or motion has been passed or address presented by one or both of the Houses of the Parliament of Northern Ireland, then so long as section 1 of this Act has effect the step may be taken or the thing shall come into operation without any such resolution, motion or address; but this sub-paragraph shall have no application to the consent required under subsection (2) of section 1 of the Ireland Act 1949 (which provides that in no event will Northern Ireland nor any part thereof cease to be part of His Majesty's dominions and of the United Kingdom without the consent of the Parliament of Northern Ireland); and—

(a)any statutory instrument made or coming into operation by virtue of this sub-paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)subject to any provision made by virtue of the last foregoing sub-paragraph, any statutory rules so made or coming into operation shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(6)So much of any enactment or instrument as makes the taking of any step, or the coming of anything into operation, conditional on the laying of any instrument or document before the Parliament of Northern Ireland or either House of that Parliament, or on any lapse of time after an instrument or document is so laid, shall not apply so long as section 1 of this Act has effect.

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