# Retained EU Law (Revocation and Reform) Act 2023, Paragraph 5: Separate exercise by a Minister of the Crown

Extent: E+W+S+N.I.

(1) A Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (2) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(2) The following regulations are within this sub-paragraph—
(a) regulations under section 1;
(b) regulations under section 7 which amend, repeal or revoke primary legislation;
(c) regulations under section 11 or 12 which amend, repeal or revoke primary legislation;
(d) regulations under section 14(2) which confer a power to make subordinate legislation or create a criminal offence;
(e) regulations under section 14(3);
(f) regulations under section 19 which amend, repeal or revoke primary legislation.
(3) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The following regulations are within this sub-paragraph—
(a) regulations under section 7 which are not within sub-paragraph (2)(b);
(b) regulations under section 15;
(c) regulations under section 19 which are not within sub-paragraph (2)(f).
(5) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (3) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

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Source: https://www.legislation.gov.uk/ukpga/2023/28/schedule/5/paragraph/5 (the official version)
Page: https://openlegislation.uk/retained-eu-law-revocation-and-reform-act-2023/schedule-5/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

