Part 5Safeguarding vulnerable groups, criminal records etc.

CHAPTER 3The Disclosure and Barring Service

Supplementary

89Orders 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—

    1. a

      a public general Act,

    2. b

      a Measure or Act of the National Assembly for Wales, and

    3. c

      Northern Ireland legislation.