(1)An order or regulations made by the Secretary of State under this Act—
(a)shall be made by statutory instrument,
(b)may contain savings and transitional provisions, and
(c)may make different provision for different purposes.
(2)Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—
[F1(za)section 3(6) or (8);]
(a)section 4(3);
(b)section 24(2)(e);
[F2(ba)section 63C(3)(d);]
(c)section 72;
(d)section 79(5);
(e)section 80(9);
[F3(f)section 97(1) or (3);
(g)section 100(1)(b);]
(h)section 119(1) or (2);
(i)[F4paragraph] 52(1)(a) or (b) of Schedule 4;
(j)paragraph 17(4) of Schedule 7;
(k)paragraph 3(1)(b) of Schedule 8;
(l)paragraph 19 of Schedule 8.
(3)In the cases of—
(a)the first order to be made under paragraph 17(4) of Schedule 7, and
(b)the first order to be made under paragraph 19 of Schedule 8,
the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).
(4)An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—
(a)section 3(3);
[F5(aza)section 22F(5);]
[F6(aa)section 23A(5);]
[F7(ab)section 47AB;]
(b)section 53(2);
[F8(ba)section 58B(7);]
(c)section 65(3);
(d)section 96;
(e)section 101(4);
(f)section 112(2);
(g)paragraph 2(2) of Schedule 1;
(h)paragraph 6(2) or 7(3) of Schedule 6;
(i)paragraph 16 of Schedule 7;
(j)paragraph 3(2) of Schedule 8;
(k)paragraph 4(4) of Schedule 8;
(l)paragraph 4(1)(e) of Schedule 14;
(m)paragraph 7(3) of Schedule 14.
(5)An order or regulations under a provision mentioned in subsection (4), except for [F9paragraph (aa) [F10, (ab)] [F11, (b) or (ba)]], may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
(a)shall contain a declaration of the Secretary of State’s opinion, and
(b)shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
(6)For the purposes of subsection (5)—
(a)a code of practice or revised code to which an order relates shall cease to have effect together with the order,
(b)an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
(c)the period of 40 days shall be computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946.
[F12(6ZA)Regulations under section 58C—
(a)must be laid before Parliament after being made, and
(b)cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless before the end of that period the regulations are approved by a resolution of each House of Parliament.
(6ZB)Regulations laid before Parliament under subsection (6ZA) designating an area outside the United Kingdom must be accompanied by a statement setting out the grounds on which the Secretary of State has determined that the condition for making the regulations referred to in section 58C(2) is met in relation to that area.
(6ZC)For the purposes of subsection (6ZA) the period of 40 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.
(6ZD)Subsection (6ZA)(b)—
(a)is without prejudice to anything previously done or to the power of the Secretary of State to make new regulations under section 58C;
(b)does not apply to regulations that only revoke previous regulations under that section.
(6ZE)Regulations under section 58C that only revoke previous regulations under that section are subject to annulment in pursuance of a resolution of either House of Parliament.]
[F13(6ZF)Regulations under paragraph 6(1AF) of Schedule 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.]
[F14(6A)As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament.
(6B)An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House of Parliament during that period.
(6C)For the purposes of subsection (6B) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.
(6D)Subsections (6B) and (6C) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.]
(7)An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.
(8)Subsection (1)(a) does not apply to an order made—
(a)under section 94,
[F15(b)by virtue of paragraph 36 of Schedule 4, or
(c)under or by virtue of any of paragraphs 19 to 21 of Schedule 5.]
(9)Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.
Textual Amendments
F1S. 123(2)(za) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(10); S.I. 2006/1013, art. 2
F2S. 123(2)(ba) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 91(1), Sch. 5 para. 77; S.I. 2004/786, art. 3(1)(2)
F3S. 123(2)(f)(g) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.
F4Word in s. 123(2)(i) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(4) (with reg. 6) (as amended by S.I. 2020/1408, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 123(4)(aza) inserted (26.10.2023) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 186(14), 219(2)(i)
F6S. 123(4)(aa) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(a), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F7S. 123(4)(ab) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 25(2) (with s. 97); S.I. 2012/1205, art. 4(k)
F8S. 123(4)(ba) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(a), 27(3)
F9Words in s. 123(5) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(b), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F10Word in s. 123(5) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 25(3) (with s. 97); S.I. 2012/1205, art. 4(k)
F11Words in s. 123(5) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(b), 27(3)
F12S. 123(6ZA)-(6ZE) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(c), 27(3)
F13S. 123(6ZF) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 8; S.I. 2024/269, reg. 4(c)
F14S. 123(6A)-(6D) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 58(2), 120 (with s. 97); S.I. 2012/1205, art. 4(b)
F15S. 123(8)(b)(c) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.
Marginal Citations