Schedules

Schedule 5Regulations: procedure

Part 2Powers of relevant national authority: separate exercise

I15Separate exercise by a Minister of the Crown

1

A Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (2) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

The following regulations are within this sub-paragraph—

a

regulations under section 1;

b

regulations under section 7 which amend, repeal or revoke primary legislation;

c

regulations under section 11 or 12 which amend, repeal or revoke primary legislation;

d

regulations under section 14(2) which confer a power to make subordinate legislation or create a criminal offence;

e

regulations under section 14(3);

f

regulations under section 19 which amend, repeal or revoke primary legislation.

3

A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

4

The following regulations are within this sub-paragraph—

a

regulations under section 7 which are not within sub-paragraph (2)(b);

b

regulations under section 15;

c

regulations under section 19 which are not within sub-paragraph (2)(f).

5

A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (3) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.