Section 102T Procedure for regulations under this PartF1

(1)

Regulations under this Part must be made by statutory instrument.

(2)

A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)

At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

(4)

Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—

(a)

regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;

(b)

regulations under section 102J that make provision under subsection (5)(b) of that section;

(c)

regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;

(d)

regulations under section 102K that make provision under subsection (5)(b) of that section;

(e)

regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);

(f)

regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(5)

A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.

(6)

If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Annotations

Textual amendments

F1: Pt. 5A inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 21, 25(2)