(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);
[F1(na)section 111D (order to confer information powers on other approved regulators);]
(o)section 173(5)(c) (power to prescribe persons as leviable bodies);
F2(oa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1S. 206(4)(na) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 210(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(z64)
F2S. 206(4)(oa) omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 95(8)
Modifications etc. (not altering text)
C1S. 206 extended to S. and N.I. in accordance with the amending provision (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 48(5), 51(3)