{
  "url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-15/paragraph-17",
  "json_url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-15/paragraph-17.json",
  "legislation": "ukpga/2026/20",
  "legislation_title": "Crime and Policing Act 2026",
  "legislation_url": "https://openlegislation.uk/crime-and-policing-act-2026",
  "path": "schedule/15/paragraph/17",
  "kind": "paragraph",
  "number": "17",
  "heading": null,
  "text": "(1) Section 138 (orders and regulations) is amended as follows.\n(2) For subsections (1) to (4) substitute—\n“(1) Orders or regulations made by the Secretary of State under this Act are to be made by statutory instrument.\n(2) A statutory instrument containing an order or regulations made by the Secretary of State under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—\n(a) section 21;\n(b) section 22A;\n(c) sections 154 to 156 ;\n(d) section 86;\n(e) section 86B(3) or (4);\n(f) section 93B(6)(d);\n(g) section 93C(6)(b);\n(h) section 93I;\n(i) section 130;\n(j) section 136Q(1).\n(3) Any other statutory instrument containing an order or regulations made by the Secretary of State (except one containing an order under section 141) is to be subject to annulment in pursuance of a resolution of either House of Parliament.\n(4) Orders or regulations made by the Secretary of State under this Act may—\n(a) make different provision for different purposes;\n(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.\n(4A) For orders or regulations made by the Scottish Ministers under this Act see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).\n(4B) Orders or regulations made by the Scottish Ministers under any of the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10))—\n(a) sections 154 to 156 ;\n(b) section 86;\n(c) section 86B(3) or (4);\n(d) section 93B(6)(d);\n(e) section 93C(6)(b);\n(f) section 88H;\n(g) section 130.\n(4C) Any other orders or regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).\n(4D) Orders or regulations made by the Scottish Ministers under this Act may—\n(a) make different provision for different purposes;\n(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”\n(3) In subsection (5) for “the Department of Justice in Northern Ireland” substitute “a Northern Ireland department”.\n(4) In subsection (6)—\n(a) for “83 to 86” substitute “83 to 85, section 86, section 86B(3) or (4), section 93B(6)(d), section 93C(6)(b), section 93J”;\n(b) for “the Department of Justice” substitute “a Northern Ireland department”.\n(5) In subsections (8) and (9) for “the Department of Justice”, in each place it occurs, substitute “a Northern Ireland department”.",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 15 para. 17 not in force at Royal Assent, see s. 255(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/20/schedule/15/paragraph/17",
    "retrieved_at": "2026-11-07T03:35:03.708512+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}