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Article 50 Treasury RegulationsF1F2

Original text. Later amendments are not shown.

1.

Any power to make regulations conferred on the Treasury by this Regulation is exercisable by statutory instrument.

2.

Such regulations may—

(a)

make incidental, supplemental, consequential or transitional provision; and

(b)

make different provision for different purposes.

3.

Unless paragraph 5 applies, a statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.

No regulations to which paragraph 5 applies may be made unless—

(a)

a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House; or

(b)

paragraph 6 applies.

5.

This paragraph applies to any regulations made for the purposes set out in paragraphs 2 and 3 of Schedule 3 which contain a statement by the Treasury that, in their opinion, the effect (or one of the effects) of the proposed regulations would be that an activity which is not a regulated activity for the purposes of FSMA would become a regulated activity.

6.

This paragraph applies if regulations to which paragraph 5 applies also contain a statement that the Treasury are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

7.

If paragraph 6 applies, the regulations—

(a)

must be laid before Parliament after being made; and

(b)

cease to have effect at the end of the relevant period unless before the end of that period the regulations are approved by a resolution of each House of Parliament (but without affecting anything done under the regulations or the power to make new regulations).

8.

The “relevant period” is a period of 28 days beginning with the day on which the regulations are made.

9.

In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Annotations

Textual amendments

F1

Regulation revoked (5.4.2024 for the revocation of Sch. 3 paras. 17, 34-39, 1.12.2025 for the revocation of Art. 18b, 30.3.2026 for the revocation of Arts. 4, 4a) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 1 (with s. 1(4)); S.I. 2023/1382, reg. 4(b); S.I. 2025/1078, regs. 4(b), 6(b)

F2

Title 9 substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 34 (as amended by S.I. 2019/710, regs. 1(2), 16(16)) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Title IX

Textual amendments

F3

Word in Title 9 heading inserted (1.7.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 10 para. 10; S.I. 2021/739, reg. 3(o)