Designated authorityU.K.

5 Parliamentary procedure for designation.U.K.

[F1(1)Where the Secretary of State proposes to make a designation under section 4 of this Act, he shall lay particulars of his proposal before both Houses of Parliament and shall not make the proposed designation until after the end of the period of forty days beginning with the day on which the particulars of his proposal were so laid.

(2)If, within the period mentioned in subsection (1) above, either House resolves that the Secretary of State should not make the proposed designation, the Secretary of State shall not do so (but without prejudice to his power to lay before Parliament particulars of further proposals in accordance with that subsection).

(3)For the purposes of subsection (1) above—

(a)where particulars of a proposal are laid before each House of Parliament on different days, the later day shall be taken to be the day on which the particulars were laid before both Houses;

(b)in reckoning any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.]

Textual Amendments

F1Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch. paras. 2(2), 6)