Section 181 Orders and regulations under Part 4

Any power of the Secretary of State to make an order F1or regulations under this Part shall be exercisable by statutory instrument.

Any power of the Secretary of State to make an order F2or regulations under this Part—

The power of the Secretary of State under section F3131C(1), 136(9), 137(3), 138B(6), 144(2), 153(3) or 168(8) as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

An order made by the Secretary of State under section F4131C(1), 137(3), 138B(6), 144(2), 158, 160 F5, 161, F6... or under section 114(3)(b) or (4)(b) as applied by F7section 174A(10), F8is subject to the negative procedure.

F9Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.

F10An order made by the Secretary of State under section 136(9) or 168(8), or section 128(6) as applied by section 183(2), F11is subject to the affirmative procedure.

F12Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.

Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.

An order made by the Secretary of State under section 153(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.

In calculating the period of 28 days mentioned in subsection (6), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

If an order made by the Secretary of State ceases to have effect by virtue of subsection (6), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.

If, apart from this subsection, an order made by the Secretary of State under section 153(3) would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

References in this section to an order made under this Part include references to an order made under section F13... 114(3)(b) or (4)(b) as applied by section F14174A(10) and an order made under section 128(6) as applied by section 183(2).

F15Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.