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.