PART 8Final provisions

143Orders and regulations: Parliamentary control

1

A statutory instrument containing an order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—

a

the instrument contains only provision made under section 148 (commencement), or

b

the instrument is required by subsection (3) or any other enactment to be laid in draft before, and approved by a resolution of, each House.

2

Subsection (3) applies to a statutory instrument that contains (with or without other provisions)—

a

regulations under section 7 (building societies: power to make provision about ring-fencing);

F1aa

regulations under section 41(2C) (meaning of “digital settlement asset”);

b

an order under section 41(4) (meaning of “payment system”);

F2ba

regulations under section 102B (matters to consider when imposing generally applicable requirements);

bb

regulations under section 104F (power to require imposition of generally applicable requirements);

c

an order under section 145 (power to make further consequential amendments) that amends or repeals primary legislation;

d

an order under paragraph 6 of Schedule 6 (conduct of FMI administration).

3

A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

In subsection (2)(c) “primary legislation” means—

a

an Act of Parliament,

b

an Act of the Scottish Parliament,

c

a Measure or Act of the National Assembly for Wales, or

d

Northern Ireland legislation.