OpenLegislation

Article 42 Exercise of powers by the Privy CouncilI1I2

United Kingdom

(1)

Where the approval of the Privy Council is required by this Order in respect of the making of any rules by the Council, it shall be given by an order made by the Privy Council.

(2)

Any power of the Privy Council under this Order to make an order shall be exercisable by statutory instrument.

F1(2A)

For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power of the Privy Council to make an order under this Order is to be taken to be conferred by an Act of Parliament.

F2(3)

A statutory instrument that contains an order made by the Privy Council, other than an order made under article 48(2) or under paragraph 19, 20 or 21 of Schedule 2, shall—

(a)

where paragraph (3A) applies, be subject to annulment in pursuance of a resolution of either House of Parliament or a resolution of the Scottish Parliament; or

(b)

where paragraph (3A) does not apply, be subject to annulment in pursuance of a resolution of either House of Parliament.

(3A)

This paragraph applies to a statutory instrument containing—

(a)

an order under article 6(3) that includes measures relating to the regulation of operating department practitioners or practitioner psychologists; or

(b)

an order approving rules under article 5(2)(b), 7(2)(c) or (d), 9(2), 10, 19, 26(3), 30(9), 32, 33(4) or 37(4) that include measures relating to the regulation of operating department practitioners or practitioner psychologists.

(4)

For the purpose of exercising any powers conferred by this Order the quorum of the Privy Council shall be two.

(5)

Any act of the Privy Council under this Order shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(6)

Any document purporting to be—

(a)

an instrument made by the Privy Council under this Order; and

(b)

signed by the Clerk of the Privy Council, shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.

Annotations

Textual amendments

F1

Art. 42(2A) inserted (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(c), Sch. 2 para. 12(a) (with arts. 2, 6(1)(b))

F2

Art. 42(3)(3A) substituted for art. 42(3) (14.5.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(c), Sch. 2 para. 12(b) (with arts. 2, 6(1)(b))

Commencement

I1

Art. 42 not in force at made date, see art. 1(2)

I2

Art. 42 in force at 1.4.2002 as notified in the London Gazette dated 25.3.2002, see art. 1(3)

Notes on the whole SI

Textual amendments

F1

Title substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 45; S.I. 2019/1436, reg. 2(s)