Health Act 2009

Tobacco Advertising and Promotion Act 2002 (c. 36)

11 (1) Section 19 (regulations) is amended as follows.

(2) In subsection (1), after “Powers” insert “of the Secretary of State, the Welsh Ministers and the Scottish Ministers”.

(3) After subsection (1) insert—

“(1A) Powers of the Department of Health, Social Services and Public Safety to make regulations under this Act are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.”

(4) For subsections (3) to (5) substitute—

“(3) No statutory instrument containing an order under section 7 or regulations under sections 7C, 7D, 8, 9 or 11 is to be made—

(a) by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

(b) by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales;

(c) by the Scottish Ministers unless a draft of the instrument has been laid before and approved by a resolution of the Scottish Parliament.

(4) In any other case, a statutory instrument containing regulations made under this Act—

(a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales;

(c) by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) The Department of Health, Social Services and Public Safety may not make regulations under section 7C unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(6) In any other case, regulations made by the Department of Health, Social Services and Public Safety under this Act are to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.”