Schedule 5Regulations: procedure
Part 2Powers of relevant national authority: separate exercise
Separate exercise by a Minister of the Crown
5
(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.