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Freedom of Information Act 2000
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Changes over time for: Section 82
Version Superseded: 09/11/2016
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82 Orders and regulations.U.K.
This section has no associated Explanatory Notes
(1)Any power of the F1. . . Secretary of State [F2or the Chancellor of the Duchy] to make an order or regulations under this Act shall be exercisable by statutory instrument.
(2)A statutory instrument containing (whether alone or with other provisions)—
(a)an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
(b)regulations under section 10(4) or 74(3),
shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3)A statutory instrument which contains (whether alone or with other provisions)—
(a)an order under section 4(1) [F3or 47(4B)], or
(b)regulations under any provision of this Act not specified in subsection (2)(b),
and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)An order under section 4(5) shall be laid before Parliament after being made.
(5)If a draft of an order under section 5 or 7(8) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
Textual Amendments
F1Words in s. 82(1) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(3)
F2Words in s. 82(1) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(e)
F3Words in s. 82(3)(a) inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 107(4), 120 (with s. 97); S.I. 2013/1906, art. 3(d)
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