Section 18 Parliamentary procedureI1

United Kingdom

(1)

Regulations under this Act are subject to the affirmative resolution procedure where they contain provision amending, repealing or revoking primary legislation F1....

(2)

Otherwise, regulations under this Act are subject to the negative resolution procedure.

(3)

Any power conferred on the Secretary of State, the Lord Chancellor or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(4)

For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(5)

Any power conferred on a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(6)

Where regulations under this Act are subject to the affirmative resolution procedure, the regulations—

(a)

if made by the Secretary of State or the Lord Chancellor, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;

(b)

if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

(c)

if made by the Scottish Ministers, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(d)

if made by a Northern Ireland department, may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7)

Where regulations under this Act are subject to the negative resolution procedure—

(a)

if made by the Secretary of State or the Lord Chancellor, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

if made by the Welsh Ministers, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c)

if made by the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(d)

if made by a Northern Ireland department, the regulations are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(8)

Any provision that may be made in regulations under this Act subject to the negative resolution procedure may be made in regulations subject to the affirmative resolution procedure.

(9)

This section does not apply to regulations under section 21.

Annotations

Textual amendments

F1: Words in s. 18(1) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 9

Commencement

I1: S. 18 in force at Royal Assent, see s. 21(1)(f)