Sanctions and Anti-Money Laundering Act 2018

55 Parliamentary procedure for regulations U.K.

(1) Subsection (3) applies to a statutory instrument which—

(a) contains non-UN regulations under section 1 (see subsection (7)),

(b) does not contain any UN regulations under that section, and

(c) is not a statutory instrument mentioned in subsection (5)(a) to (d).

(2) Subsection (3) also applies to a statutory instrument [F1 made during the period of 6 months beginning with the day on which the Economic Crime and Corporate Transparency Act 2023 is passed if the instrument] contains only regulations under section 49 which make new provision about high-risk countries (see subsection (9)).

(3) A statutory instrument to which this subsection applies—

(a) must be laid before Parliament after being made, and

(b) if not approved by a resolution of each House of Parliament before the end of 28 days beginning with the day on which it is made, ceases to have effect at the end of that period (but without that affecting anything done under the regulations or the power to make new regulations).

(4) In calculating a period of 28 days for the purposes of subsection (3), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 1 that repeal, revoke or amend any provision of primary legislation,

[F2 (aa) section 39(2A),]

(b) regulations under section 47,

(c) regulations under section 48, or

(d) regulations under section 49,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

This subsection does not apply to a statutory instrument to which subsection (3) applies by virtue of subsection (2).

(6) A statutory instrument containing regulations under this Act which is not—

(a) a statutory instrument to which subsection (3) applies,

(b) a statutory instrument mentioned in subsection (5)(a) to (d),

(c) a statutory instrument containing only regulations under section 56, or

(d) a statutory instrument containing only regulations under section 64,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In subsection (1) “UN regulations” means regulations under section 1 that—

(a) are regulations the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation, or

(b) amend regulations under section 1 the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation,

and “non-UN regulations” means any regulations under section 1 which are not UN regulations.

(8) For the purposes of subsection (7), a purpose is a “stated purpose” of regulations under section 1 if it is stated under section 1(3) in the regulations.

(9) For the purposes of subsection (2), regulations under section 49 “make new provision about high-risk countries” [F3 if they only make provision prescribing high-risk countries by virtue of paragraph 4(2) of Schedule 2]

(a) the Money Laundering Regulations 2017 (S.I. 2017/692), or

(b) regulations under section 49.

(10) In this section “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) a Measure or Act of the National Assembly for Wales, or

(d) Northern Ireland legislation.

Textual Amendments

F1 Words in s. 55(2) substituted (26.10.2023 for specified purposes, 15.1.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 187(3)(a), 219(1)(2)(b); S.I. 2023/1206, reg. 3(g)

F2 S. 55(5)(aa) inserted (15.3.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 64(2), 69(3) (with s. 64(3))

F3 Words in s. 55(9) substituted (26.10.2023 for specified purposes, 15.1.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 187(3)(b), 219(1)(2)(b); S.I. 2023/1206, reg. 3(g)

Modifications etc. (not altering text)

C1 S. 55 excluded (29.6.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 77(5), 86(1)(f)