Schedules
C1Schedule 5Preparation of an MPS or of amendments of an MPS
The appropriate legislative procedure
10
1
A policy authority must not adopt the final text unless it has complied with the requirements of this paragraph.
2
The policy authority must lay a copy of the consultation draft before the appropriate legislature.
3
The appropriate legislature is—
a
in the case of the Secretary of State, Parliament;
b
in the case of the Scottish Ministers, the Scottish Parliament;
c
in the case of the Welsh Ministers, the National Assembly for Wales;
d
in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.
4
If during the period allocated to it for legislative scrutiny of the consultation draft—
a
an appropriate legislative body makes a resolution with regard to the consultation draft, or
b
an appropriate legislative committee makes recommendations with regard to the consultation draft,
sub-paragraph (5) applies.
5
The policy authority must lay before the appropriate legislature a statement setting out the policy authority's response to the resolution or recommendations.
6
The period allocated to an appropriate legislative body or appropriate legislative committee for legislative scrutiny of the consultation draft is such period as the policy authority may specify.
7
The policy authority must specify the period allocated for legislative scrutiny of the consultation draft on or before the day on which a copy of that draft is laid before the appropriate legislature under sub-paragraph (2).
8
In this paragraph—
“appropriate legislative body” means—
- a
in the case of the Secretary of State, either House of Parliament;
- b
in the case of any other policy authority, the appropriate legislature;
- a
“appropriate legislative committee” means—
- a
in the case of the Secretary of State, a committee of either House of Parliament;
- b
in the case of any other policy authority, a committee of the appropriate legislature.
- a
Sch. 5: functions made exercisable jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 4 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))