Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

PART 2 U.K. Scrutiny of regulations under section 6

Scrutiny where sole exercise U.K.

2 (1) A statutory instrument containing regulations of the Secretary of State or the Treasury under section 6 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. U.K.

(2) Regulations of a Northern Ireland department under section 6 may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(3) This paragraph does not apply to regulations to which paragraph 3 applies (Minister of the Crown and a Northern Ireland department acting jointly).

Commencement Information

I1 Sch. 3 para. 2 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(d)

Scrutiny where joint exercise U.K.

3 U.K. Regulations under section 6 of a Minister of the Crown acting jointly with a Northern Ireland department may not be made unless—

(a) a draft of the statutory instrument containing those regulations has been laid before, and approved by a resolution of, each House of Parliament, and

(b) a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Commencement Information

I2 Sch. 3 para. 3 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(d)

Combination of instruments U.K.

4 (1) Sub-paragraph (2) applies to a statutory instrument containing regulations under section 6 which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made. U.K.

(2) The statutory instrument may also include regulations under another Act which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made.

(3) Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument—

(a) is the procedure mentioned in sub-paragraph (1), and

(b) is not the procedure mentioned in sub-paragraph (2).

(4) Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if—

(a) the references to Parliament were references to the Northern Ireland Assembly, and

(b) the reference to another Act in sub-paragraph (2) included Northern Ireland legislation.

(5) Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under section 6 which is subject to a procedure before the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under section 6 which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Northern Ireland Assembly.

(6) This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under section 6 (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).

Commencement Information

I3 Sch. 3 para. 4 in force at 14.11.2020 by S.I. 2020/1279, reg. 2(d)