Section 7 Regulations: procedureI1I2
United Kingdom
The “negative procedure” is to be construed in accordance with the following table—
| Where the regulations are made by... | ...the negative procedure means... |
|---|---|
| The Secretary of State | that the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament. |
| The Welsh Ministers | that the Welsh statutory instrument containing the regulations is subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)). |
| The Scottish Ministers | that the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). |
| The Department of Health in Northern Ireland | that the regulations are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). |
Before making regulations under section 3 or section 5(4)(d), the Secretary of State must obtain the consent of—
the Welsh Ministers, if the regulations contain provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;
the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament;
the Department of Health in Northern Ireland, if the regulations contain provision which—
would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
The “affirmative procedure” is to be construed in accordance with the following table—
| Where the regulations are made by... | ...the affirmative procedure means... |
|---|---|
| The Secretary of State | that a statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. |
| The Welsh Ministers | that a Welsh statutory instrument containing the regulations is subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)). |
| The Scottish Ministers | that the regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). |
| The Department of Health in Northern Ireland | that the regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. |
Annotations
Commencement
- I1
S. 7 not in force at Royal Assent, see s. 8(2)
- I2
S. 7 in force at 6.3.2026 by S.I. 2026/221, reg. 2