Regulation 5 Exercise and scrutiny of power to make a justification decision

Regulations made under regulation 4 by the Secretary of State or the Welsh Ministers are to be made by statutory instrument^f1.

The power of a Northern Ireland department to make regulations under regulation 4 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979^f2.

A statutory instrument containing regulations under regulation 4 which contain (whether alone or with other provision) a positive justification decision may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations under regulation 4 made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations under regulation 4 which contain (whether alone or with other provision) a positive justification decision may not be made by the Welsh Minsters unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Any other statutory instrument containing regulations under regulation 4 made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Regulations under regulation 4 which contain (whether alone or with other provision) a positive justification decision may not be made by a Northern Ireland department unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Any other regulations under regulation 4 made by a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954^f3 as if they were a statutory instrument within the meaning of that Act.

Regulations under regulation 4 made by the Scottish Ministers which contain a positive justification decision (whether alone or with other provision) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Any other regulations under regulation 4 made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).