Part 9General

Orders, rules etc

C1206Parliamentary control of orders and regulations

1

A statutory instrument containing an order or regulations made by the Lord Chancellor under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

2

Subsection (1) is subject to subsections (3) and (4).

3

Subsection (1) does not apply to an order if it contains only provision made under one or more of the following—

a

section 23(3)(b) (day appointed as end of transitional period relating to non-commercial bodies);

b

section 30(4) (appointed day before which first set of rules must be made under section 30);

c

section 211 (commencement);

d

paragraph 3(1)(b) of Schedule 5 (day appointed as end of transitional period during which rights conferred by virtue of Part 2 of that Schedule);

e

paragraph 18(1)(b) of Schedule 18 (day appointed as end of transitional period during which rights conferred by virtue of Part 3 of that Schedule).

4

Subsection (1) does not apply to an order or regulations which contains (whether alone or together with other provision) provision made under any of the following—

a

section 24(1) (orders adding to reserved legal activities);

b

section 25(1) or (3) (provisional designation of approved regulators);

c

section 42(6) (regulations relating to warrants under section 42);

d

section 45(1) (cancellation of designation as approved regulator);

e

section 46 (transitional arrangements following cancellation under section 45);

f

section 48(6) (regulations relating to warrants under section 48);

g

section 62(1) (power to designate Board as an approved regulator, modify its functions or cancel its designation);

h

section 69(1) (modification of functions of approved regulators etc);

i

section 76(1) (cancellation of designation as licensing authority);

j

section 77 (transitional arrangements following cancellation under section 76);

k

section 79(6) (regulations relating to warrants under section 79);

l

section 80(1) (order establishing appellate body etc);

m

section 106(1)(e) (power to prescribe bodies as bodies to which section 106 applies);

n

section 109 (power to modify application of Part 5 to foreign bodies);

F2na

section 111D (order to confer information powers on other approved regulators);

o

section 173(5)(c) (power to prescribe persons as leviable bodies);

F1oa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

p

section 207(5) (power to modify definition of “manager” in its application to foreign bodies);

q

section 208(3) (power to make consequential provision etc by amending enactments);

r

paragraph 9(1) of Schedule 3 (modification of exempt persons);

s

paragraph 17 of Schedule 4 (designation of approved regulators);

t

paragraph 9 of Schedule 13 (power to modify definitions of “material interest” and “associates”);

u

paragraph 2 of Schedule 22 (transitory power to modify functions of designated regulators etc).

5

An order or regulations within subsection (4) may not be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

6

A statutory instrument containing rules made by the Board under section 37(4), 95(3) or 173 is subject to annulment in pursuance of a resolution of either House of Parliament.