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Judicial Review and Courts Act 2022

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This section has no associated Explanatory Notes

25(1)Section 41 (orders, regulations and rules) is amended as follows.

(2)After subsection (1) insert—

(1A)No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.

(3)In subsection (2)—

(a)for the words from the beginning to “no order shall be made under” substitute A statutory instrument containing—

(a)an order under;

(b)for “and no regulations are to be made under” substitute—

(b)regulations under;

(c)for the words from “unless a draft” to the end substitute , or

(c)regulations under section 37QB that amend or repeal provision made by an Act,

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

(4)After subsection (4) insert—

(5)This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).

Commencement Information

I1Sch. 5 para. 25 not in force at Royal Assent, see s. 51(4)

I2Sch. 5 para. 25 in force at 7.11.2023 by S.I. 2023/1194, reg. 2(f)

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