Schedules

Schedule 5 U.K.Regulations: procedure

Part 2 U.K.Powers of relevant national authority: separate exercise

Introductory U.K.

4 This Part of this Schedule applies to regulations under any provision of this Act except section 22(4), where—

(a) the power to make the regulations is conferred on a “relevant national authority”, and

(b) the power is exercised by one relevant national authority acting alone.

Commencement Information

I1 Sch. 5 para. 4 in force at Royal Assent, see s. 22(1)(e)

Separate exercise by a Minister of the Crown U.K.

5 (1) A Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (2) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) The following regulations are within this sub-paragraph—

(a) regulations under section 1;

(b) regulations under section 7 which amend, repeal or revoke primary legislation;

(c) regulations under section 11 or 12 which amend, repeal or revoke primary legislation;

(d) regulations under section 14(2) which confer a power to make subordinate legislation or create a criminal offence;

(e) regulations under section 14(3);

(f) regulations under section 19 which amend, repeal or revoke primary legislation.

(3) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The following regulations are within this sub-paragraph—

(a) regulations under section 7 which are not within sub-paragraph (2)(b);

(b) regulations under section 15;

(c) regulations under section 19 which are not within sub-paragraph (2)(f).

(5) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (3) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I2 Sch. 5 para. 5 in force at Royal Assent, see s. 22(1)(e)

6 (1) Sub-paragraph (2) applies where—

(a) a Minister of the Crown, acting alone, is to make a statutory instrument containing regulations under section 11, 12 or 14,

(b) paragraph 5(5) applies to the regulations, and

(c) the Minister is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) has laid before each House of Parliament—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

(5) Condition 3 is that the relevant period has ended without condition 2 being met.

(6) Sub-paragraph (7) applies if—

(a) a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

(b) the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

(c) the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

(8) If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

(9) A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(10) In this paragraph “the relevant period” means the period—

(a) beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and

(b) ending with whichever of the following is the later—

(i) the end of the period of 10 Commons sitting days beginning with that first day, and

(ii) the end of the period of 10 Lords sitting days beginning with that first day.

(11) For the purposes of sub-paragraph (10)—

(a) where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

(b) “Commons sitting day” means a day on which the House of Commons is sitting, and

(c) “Lords sitting day” means a day on which the House of Lords is sitting,

and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day.

(12) Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument containing regulations under section 11, 12 or 14 is made that another procedure should apply in relation to the instrument.

(13) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

Commencement Information

I3 Sch. 5 para. 6 in force at Royal Assent, see s. 22(1)(e)

Separate exercise by Scottish Ministers U.K.

7 (1) Regulations of the Scottish Ministers to which this Part of this Schedule applies and which are within paragraph 5(2) are subject to the affirmative procedure.

(2) Regulations made by the Scottish Ministers to which this Part of this Schedule applies and which are within paragraph 5(4) are subject to the negative procedure.

(3) Regulations made by the Scottish Ministers to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

(4) For the negative procedure and the affirmative procedure, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) respectively.

Commencement Information

I4 Sch. 5 para. 7 in force at Royal Assent, see s. 22(1)(e)

Separate exercise by Welsh Ministers U.K.

8 (1) The Welsh Ministers may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which fall within paragraph 5(2) unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(2) A statutory instrument made by the Welsh Ministers containing regulations to which this Part of this Schedule applies and which are within paragraph 5(4) is subject to annulment in pursuance of a resolution of the Senedd.

(3) A statutory instrument made by the Welsh Ministers containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of the Senedd.

Commencement Information

I5 Sch. 5 para. 8 in force at Royal Assent, see s. 22(1)(e)

9 (1) Sub-paragraph (2) applies if—

(a) the Welsh Ministers, acting alone, are to make a statutory instrument containing regulations under section 11, 12 or 14,

(b) paragraph 8(3) applies to the instrument, and

(c) the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

(2) The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that the Welsh Ministers—

(a) have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the Senedd, and

(b) have laid before the Senedd—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.

(4) Condition 2 is that a committee of the Senedd charged with doing so have made a recommendation as to the appropriate procedure for the instrument.

(5) Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the Senedd as mentioned in sub-paragraph (3)(b)(i) has ended without any recommendation being made as mentioned in sub-paragraph (4).

(6) In calculating the period of 14 days, no account is to be taken of any time during which the Senedd is—

(a) dissolved, or

(b) in recess for more than four days.

(7) Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument containing regulations under section 11, 12 or 14 is made that another procedure should apply in relation to the instrument.

(8) Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.

Commencement Information

I6 Sch. 5 para. 9 in force at Royal Assent, see s. 22(1)(e)

Separate exercise by Northern Ireland department U.K.

10 (1) A Northern Ireland department may not make regulations to which this Part of this Schedule applies and which fall within paragraph 5(2) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(2) Regulations made by a Northern Ireland department to which this Part of this Schedule applies and which are within paragraph 5(4) are subject to negative resolution.

(3) Regulations made by a Northern Ireland department to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution.

(4) In this paragraph “subject to negative resolution” means subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Commencement Information

I7 Sch. 5 para. 10 in force at Royal Assent, see s. 22(1)(e)