Waste and Emissions Trading Act 2003

28 Regulations under Chapter 1: procedural provisions

(1) A statutory instrument that—

(a) contains regulations under this Chapter made by the Secretary of State, and

(b) is not subject to any requirement 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.

(2) No affirmative-procedure regulations shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument that—

(a) contains regulations under this Chapter made by the Scottish Ministers, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament,

shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No affirmative-procedure regulations shall be made by the Scottish Ministers unless a draft of the statutory instrument containing them (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) A statutory rule that—

(a) contains regulations under this Chapter made by the Department of the Environment, and

(b) is not subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act,

shall be subject to negative resolution within the meaning of section 41(6) of that Act.

(6) A statutory rule that contains (whether alone or with other provisions) affirmative-procedure regulations made by the Department of the Environment shall be subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act.

(7) In this section—

• “affirmative-procedure regulations” means—

  (a)

  regulations under section 1 or 2, and

  (b)

  the first regulations to be made under each of sections 6, 7 and 11 by each of the Secretary of State, the Scottish Ministers and the Department of the Environment;

• “the 1954 Act” means the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).