SCHEDULES

SCHEDULE 11Power to require consideration of revision before appeal

Vaccine Damage Payments Act 1979 (c. 17)

3

(1)

Section 8 (regulations) is amended as follows.

(2)

In subsection (2)(a) the words from “which shall be” to “House of Parliament” are repealed.

(3)

After that subsection there is inserted—

“(2A)

A statutory instrument containing regulations made by the Secretary of State under this Act—

(a)

except in the case of an instrument containing regulations under section 4(1B), is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

in the case of an instrument containing regulations under section 4(1B), may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

(4)

At the end there is inserted—

“(5)

The power to make regulations under section 4(1B) may be exercised—

(a)

in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;

(b)

so as to make, as respects the cases in relation to which it is exercised—

(i)

the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

(ii)

the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;

(iii)

provision which is either unconditional or is subject to any specified condition.”