Part 5Safeguarding vulnerable groups, criminal records etc.
CHAPTER 3The Disclosure and Barring Service
Supplementary
C3C1C289Orders under section 88
1
Any power to make an order under section 88—
a
is exercisable by statutory instrument,
b
includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision,
c
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made and including this Act).
2
Subject to subsection (3), a statutory instrument containing an order under section 88 is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3
A statutory instrument containing an order under section 88 which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
4
If a draft of an instrument containing an order under section 88 (alone or with other provision) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
5
In this section—
“enactment” includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,
“primary legislation” means—
- a
a public general Act,
- b
a Measure or Act of the National Assembly for Wales, and
- c
Northern Ireland legislation.
- a