Part XXX Supplemental

429 Parliamentary control of statutory instruments.

1

No order is to be made under—

a

section 144(4), 192(b) or (e), 236(5), 404 or 419, or

b

paragraph 1 of Schedule 8,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

2

No regulations are to be made under section F190B F2, 214A, 214B or 262 unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

3

An order to which, if it is made, subsection (4) or (5) will apply is not to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

4

This subsection applies to an order under section 21 if—

a

it is the first order to be made, or to contain provisions made, under section 21(4);

b

it varies an order made under section 21(4) so as to make section 21(1) apply in circumstances in which it did not previously apply;

c

it is the first order to be made, or to contain provision made, under section 21(5);

d

it varies a previous order made under section 21(5) so as to make section 21(1) apply in circumstances in which it did not, as a result of that previous order, apply;

e

it is the first order to be made, or to contain provisions made, under section 21(9) or (10);

f

it adds one or more activities to those that are controlled activities for the purposes of section 21; or

g

it adds one or more investments to those which are controlled investments for the purposes of section 21.

5

This subsection applies to an order under section 38 if—

a

it is the first order to be made, or to contain provisions made, under that section; or

b

it contains provisions restricting or removing an exemption provided by an earlier order made under that section.

6

An order containing a provision to which, if the order is made, subsection (7) will apply is not to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

7

This subsection applies to a provision contained in an order if—

a

it is the first to be made in the exercise of the power conferred by subsection (1) of section 326 or it removes a body from those for the time being designated under that subsection; or

b

it is the first to be made in the exercise of the power conferred by subsection (6) of section 327 or it adds a description of regulated activity or investment to those for the time being specified for the purposes of that subsection.

8

Any other statutory instrument made under this Act, apart from one made under section 431(2) or to which paragraph 26 of Schedule 2 applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.