Merchant Shipping Act 1995

Subordinate Legislation

306 Regulations, rules and orders, etc

(1) Any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument but this does not apply to rules under section 91.

(2) Any statutory instrument containing regulations, orders or rules under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to commencement orders, transitory provision orders or orders under section 216(2), 223(3), or paragraph 8 of Part II of Schedule 7 or paragraph 5 of Schedule 9 or regulations under section 85, 259(8), or 260(4).

In this subsection “transitory provision order” means an order under any provision of Schedule 14.

(3) Any statutory instrument containing an Order in Council under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to Orders under section 2(4), 128, 129, 152(2), 172(2), 183, 184, 224, 308 or 315(2) or under paragraph 29 of Schedule 3, paragraph 10 of Part II of Schedule 6 or paragraph 13 of Part II of Schedule 7.

(4) Before making the following regulations, rules or orders, namely—

(a) regulations under Part III or under section 108;

(b) rules under Chapter II of Part V;

(c) an order under section 311,

the Secretary of State shall consult with organisations in the United Kingdom appearing to him representative of persons who will be affected by the regulations, rules or orders.

(5) Any direction, notice, order or authorisation under this Act given or made by the Secretary of State shall be in writing.

(6) Any power to give a direction includes power to vary or revoke the direction by a subsequent direction.