Section 12 Procedure: introductory

(1)

An order under this Part must be made by statutory instrument.

(2)

A Minister may not make an order under this Part unless—

(a)

he has consulted in accordance with section 13;

(b)

following that consultation, he has laid a draft order and explanatory document before Parliament in accordance with section 14; and

(c)

the order is made, as determined under section 15, in accordance with—

(i)

the negative resolution procedure (see section 16);

(ii)

the affirmative resolution procedure (see section 17); or

(iii)

the super-affirmative resolution procedure (see section 18).

F1(3)

Paragraph 4 of Schedule 8 to the European Union (Withdrawal) Act 2018 (procedure for certain modifications of F2assimilated direct legislation F3...) does not apply in relation to orders under this Part.

Annotations

Textual amendments

F1: S. 12(3) inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 16(3), 22(1)(d)
F2: Words in s. 12(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 6(3) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
F3: Words in s. 12(3) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 62