Illegal Migration Act 2023

27 Procedure for certain regulations under section 26

(1) A statutory instrument containing (whether alone or with other provision) regulations under section 26(3)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2) Subsection (1) does not apply to regulations that contain a statement that the Secretary of State considers that there is an urgent need to make the regulations without the approval required by that subsection.

(3) A statutory instrument containing regulations that contain such a statement must be laid before Parliament after being made.

(4) Regulations contained in a statutory instrument laid before Parliament under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(5) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(6) If regulations cease to have effect as a result of subsection (4) that does not—

(a) affect the validity of anything previously done under the regulations, or

(b) prevent the making of new regulations.