Section 68 Regulations under the LTA 1985: procedure and appropriate authorityI1I2

The LTA 1985 is amended as follows.

After section 37 insert—

“Procedure applicable to statutory instruments

37A

(1)

In this Act, if a statutory instrument is “subject to the affirmative procedure” it may not be made unless—

(a)

where it contains (whether alone or with other provision) regulations or an order made by the Secretary of State, a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

(b)

where it contains (whether alone or with other provision) regulations or an order made by the Welsh Ministers, a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(2)

In this Act, if a statutory instrument is “subject to the negative procedure” it is—

(a)

where it contains regulations or an order made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

where it contains regulations or an order made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.”

In section 38 (minor definitions), after the definition of “address” insert—

• ““the appropriate authority”—

  1. (a)

     in relation to England, means the Secretary of State;

  2. (b)

     in relation to Wales, means the Welsh Ministers;”.

In section 39 (index of defined expressions), after the entry for “address” insert—

“

the appropriate authority

section 38

”.