Section 105 Subordinate legislation: parliamentary control

England and Wales

(1)

A statutory instrument containing an order or regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

Subsection (1) does not apply to—

(a)

an order under section 109(2) (commencement), or

(b)

an order to which subsection (3) applies.

(3)

A statutory instrument which contains (whether alone or with other provisions) —

(a)

an order under section 5,

(b)

an order under section 41(4), or

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Annotations

Textual amendments

F1: S. 105(3)(c) omitted (1.1.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 2 para. 19; S.I. 2015/1329, reg. 6(b)