(1)Any order made by the Treasury under this Act and any regulations or rules under this Act shall be made by statutory instrument.
(2)Subject to subsection (3) below [F1and section 27(3)(c) of the Finance Act 1985], any statutory instrument made under this Act shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.
(3)An order to which this subsection applies shall be laid before the Commons House of Parliament; and unless it is approved by that House before the expiration of a period of twenty-eight days beginning with the date on which it was made, it shall cease to have effect on the expiration of that period, but without prejudice to anything previously done thereunder or to the making of a new order.
In reckoning any such period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which the Commons House of Parliament is adjourned for more than four days.
(4)[F2Subject to section 37A(4) above]subsection (3) above applies to—
(a)an order under section 3(4) [F3or 38C] above;
(b)an order as a result of which goods of any description become goods to which section 12(3) above applies;
(c)an order under this Act making provision—
(i)for increasing the rate of tax in force at the time of the making of the order;
(ii)for excluding any tax from credit under section 14 above;
(iii)for varying Schedule 5 or Schedule 6 to this Act so as to abolish the zero-rating of a supply or to abolish the exemption of a supply without zero-rating it.
[F4(d)an order under section 35A above, except one making only such amendments as are necessary or expedient in consequence of provisions of an order under this Act which-
(i)vary Schedule 5 or Schedule 6 to this Act; but
(ii)are not within paragraph (c) above.]
[F5(e)an order under section 37B(4) or (8) above.]
Textual Amendments
F1Words inserted by Finance Act 1985 (c. 54, SIF 40:2), s. 27(4)
F2Words inserted by Finance Act 1987 (c. 16, SIF 40:2), s. 16(2)
F3Words in s. 45(4)(a) inserted (16.3.1992) by Finance Act 1992 (c. 20), s. 6(2).
F4S.45(4)(d) added by Finance Act 1989 (c. 26, SIF 40:2), s. 18, Sch. 3 para. 8
F5S. 45(4)(e) inserted (1.8.1992) by Finance (No. 2) Act 1992 (c. 48), s. 16(3); S.I. 1992/1867, art. 3, Sch. Pt.I.
Modifications etc. (not altering text)
C1S. 45 excluded by Finance Act 1985 (c. 54, SIF 40:2), s. 33(5)(b) and by Finance Act 1989 (c. 26, SIF 40:2), ss. 24(11), 25(6)