Health and Social Care Act 2008

162 Orders and regulations: Parliamentary control

(1) Subject to subsection (2), a statutory instrument containing—

(a) an order or regulations made by the Secretary of State under this Act,

(b) an order made by the Privy Council under section 109 (rules of Office of the Health Professions Adjudicator), or

(c) regulations made by the Privy Council under Schedule 6 (Office of the Health Professions Adjudicator),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Subsection (1) does not apply to—

(a) a statutory instrument to which subsection (3) or (4) applies, or

(b) a statutory instrument containing an order made only under section 170(3) (commencement).

(3) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 8(1) (regulated activities),

(b) regulations under section 20 (regulation of regulated activities) which provide that a contravention of or failure to comply with a specified provision of the regulations is an offence punishable with a maximum fine exceeding level 4 on the standard scale,

(c) regulations under section 43 (power to modify Chapter 2 of Part 1 in relation to newly regulated activities),

(d) regulations under section 87(1)(b) (penalty notices: monetary amount of the penalty) which make provision for a penalty payable under a penalty notice to be of an amount which exceeds that equal to level 4 on the standard scale,

(e) the first regulations made by the Secretary of State under section 120 (additional responsibilities of responsible officers),

(f) regulations under section 124 (regulation of social care workers) or section 126 (education and training of approved mental health professionals), or

(g) an order under section 167 which amends or repeals any provision of an Act of Parliament,

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

(4) The Privy Council may not, under section 109 (rules of Office of the Health Professions Adjudicator), make a statutory instrument approving rules of the Office of the Health Professions Adjudicator that contain (whether alone or with other provision) provision for pilot schemes made by virtue of section 100(4) (legally qualified chairs) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.