Business and Planning Act 2020

PART 4 U.K. General

23 Regulations U.K.

(1) Regulations under this Act are to be made by statutory instrument.

(2) Regulations under this Act may make—

(a) different provision for different purposes;

(b) different provision for different areas;

(c) supplementary, incidental, consequential, transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under section [F1 2(1B) or] 5(8) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations under any of sections [F2 10,] 11(12) or (14), 16 to 19 or 21 must be laid before Parliament as soon as reasonably practicable after being made.

(5) A statutory instrument containing regulations made under section 11(16)—

(a) if the regulations only provide for subordinate legislation (within the meaning of the Interpretation Act 1978) to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

(6) Subsections (4) and (5)(b) do not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) Regulations contained in an instrument laid before Parliament by virtue of subsection (4) or (5)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(8) In calculating the period of 40 days, no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than 4 days.

(9) Where regulations cease to have effect as a result of subsection (7) that does not—

(a) affect anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

Textual Amendments

F1 Words in s. 23(3) inserted (E.W.) (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 4 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)

F2 Word in s. 23(4) omitted (E.W.) (31.3.2024) by virtue of Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 2(2) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)

24 Extent U.K.

(1) Part 1 extends to England and Wales only.

(2) In Part 2—

(a) section 12 extends to England and Wales, Scotland and Northern Ireland,

(b) sections 13 and 14 extend to England and Wales and Scotland only, and

(c) section 15 extends to Northern Ireland only.

(3) In Part 3—

(a) sections 16 to 21 extend to England and Wales only, and

(b) section 22 extends to England and Wales and Northern Ireland.

(4) This Part extends to England and Wales, Scotland and Northern Ireland.

25 Commencement U.K.

(1) Part 1 comes into force on the day on which this Act is passed.

(2) In Part 2—

(a) section 12 is to be treated as having come into force on 4 May 2020, and

(b) sections 13 to 15 come into force on the day on which this Act is passed.

(3) In Part 3—

(a) section 16 comes into force at the end of the period of 6 days beginning with the day on which this Act is passed,

(b) sections 17 to 19 come into force at the end of the period of 28 days beginning with the day on which this Act is passed, and

(c) sections 20 to 22 come into force on the day on which this Act is passed.

(4) This Part comes into force on the day on which this Act is passed.

26 Transitional etc provision in connection with expiry U.K.

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

27 Short title U.K.

This Act may be cited as the Business and Planning Act 2020.