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Immigration And Social Security Co-Ordination (Eu Withdrawal) Act 2020

Schedule 3: Regulations under section 6

Part 1: Statutory Instruments

  1. Statutory instruments - Paragraph 1 prescribes the power is to be exercised by statutory instrument.

Part 2: Scrutiny of Regulations under section 6

  1. Scrutiny where sole exercise - Paragraph 2 provides that where the UK Government or a Northern Ireland department solely exercises the section 6 power the procedure for regulations will be the affirmative. This means in the case of the UK government, the regulations must be debated and approved by both Houses of Parliament before they have legal effect.
  2. Scrutiny where joint exercise - Paragraph 3 provides that where the UK Government and a Northern Ireland department exercise the power under section 6 jointly, the affirmative procedure applies in both the UK Parliament and the Northern Ireland Assembly.
  3. Combination of instruments - Paragraph 4 permits other regulations subject to the negative procedure to be included in an instrument made under section 6.

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