Part XV General

Subordinate legislation

C1C4166 Assembly, etc. control of orders and regulations.

C2C31

The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.

2

Subsection (1) above applies—

F10za

to any order made under section 109A(3B);

a

to any regulations made by the Department under section F1. . . F2116B(1)(b), 131 or 134 above; and

F3aa

the first regulations to be made under section 2A; and

F15aaa

to the first regulations to be made under section 2AA above;

F4ab

to any order containing provision adding any person to the list of persons falling within section 103B(2A) above;

b

to any order made by the Department under F5section 132 F9, 132A F14132B, or 133 above.

3

Subsection (1) above does not apply to regulations which, in so far as they are made under the powers conferred by subsection (2)(a) above, only replace provisions of previous regulations with new provisions to the same effect.

4

Subject to subsection (8) below, all regulations and orders made under this Act by the Department, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.

5

Subject to subsection (10) F6and (10A) below, all regulations F6or ordersmade under this Act by F12... F6the Treasury or the Inland Revenue shall be subject to annulment in pursuance of a resolution of either House of ParliamentF12....

F135A

All regulations made under this Act by the Department of Justice shall be subject to negative resolution.

6

Section 41(3) of the M1Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

7

This subsection applies to any regulations or order made under this Act which—

a

but for subsection (8) below, would be subject to negative resolution, and

b

are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

8

Any regulations or order to which subsection (7) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

9

This subsection applies to any regulations or order made under this Act which—

a

but for subsection (10) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.

10

Any regulations or order to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.

F710A

A statutory instrument containing provision under section 129 F11, 132, 133, 134 or 142(7) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

F811

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In this section—

  • “the confirmatory procedure” means the procedure described in subsection (1) above;

  • “subject to negative resolution” has the meaning assigned by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).