General

I165Regulations

1

A power to make regulations under this Act is exercisable by statutory instrument.

2

Regulations under this Act may make—

a

consequential, supplementary, incidental, transitional or saving provision;

b

different provision for different purposes.

3

Subsection (2) does not apply to regulations under section 68(1) (commencement).

4

A statutory instrument containing (whether alone or with other provision)—

a

regulations under section 4(3)(d) (circumstances in which power to make arrangements for removal of unaccompanied child applies),

b

regulations under section 7(1) (powers to amend Schedule 1),

c

regulations under section 20(1) (extension to Wales, Scotland and Northern Ireland),

d

regulations under section 24(9) (amendments in consequence of regulations made by the Scottish Ministers),

e

regulations under section 26(3)(b) (continuation of operation of modern slavery provisions),

f

regulations under section 40 (meaning of “serious and irreversible harm”),

g

regulations under section 60 (cap on number of entrants using safe and legal routes),

h

regulations under section 64(1) (consequential provision) which amend, repeal or revoke primary legislation, or

i

regulations under paragraph 10 of Schedule 2 (powers relating to relevant articles containing items subject to legal privilege),

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

5

Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

6

Subsection (5) does not apply to a statutory instrument containing only regulations under—

a

section 26(8) (transitional etc provision in connection with suspension of operation of modern slavery provisions);

b

section 68 (commencement).

7

In this section “primary legislation” means—

a

an Act of Parliament,

b

an Act of the Scottish Parliament,

c

a Measure or Act of Senedd Cymru, or

d

Northern Ireland legislation.