Section 8 Regulations.C1

United Kingdom

(1)

F1The Secretary of State may, with the concurrence of F2the Speaker of the House of Commons and the Speaker of the House of Lords, by statutory instrument make regulations for the purposes of this Act, and such regulations may, in particular:

(a)

provide for the different treatment of instruments which are of the nature of a public Act, and of those which are of the nature of a local and personal or private Act;

(b)

make provision as to the numbering, printing, and publication of statutory instruments including provision for postponing the numbering of any such instrument which does not take effect until it has been approved by Parliament, or by the House of Commons, until the instrument has been so approved;

(c)

provide with respect to any classes or descriptions of statutory instrument that they shall be exempt, either altogether or to such extent as may be determined by or under the regulations, from the requirement of being printed and of being sold by F3or under the authority of the King’s printer of Acts of Parliament, or from either of those requirements;

(d)

determine the classes of cases in which the exercise of a statutory power by any rule-making authority constitutes or does not constitute the making of such a statutory rule as is referred to in subsection (2) of section one of this Act, and provide for the exclusion from that subsection of any such classes;

(e)

provide for the determination by a person or persons nominated by the Speaker of the House of Commons and the Speaker of the House of Lords of any question—

(i)

as to the numbering, printing, or publication of any statutory instrument or class or description of such instruments:

(ii)

whether or to what extent any statutory instrument or class or description of such instruments is, under the regulations, exempt from any such requirement as is mentioned in paragraph (c) of this subsection:

(iii)

whether any statutory instrument or class or description of such instruments is in the nature of a public Act or of a local and personal or private Act:

(iv)

whether the exercise of any power conferred by an Act passed before the commencement of this Act is or is not the exercise of a power to make a statutory rule.

(2)

Every statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in s. 8(1) substituted (31.10.2006) by virtue of The Transfer of Functions (Statutory Instruments) Order 2006 (S.I. 2006/1927), art. 6(1)(3) (with S.I. 1968/1656, art. 3(2))
F2: Words in s. 8(1) substituted (24.3.2005) by Constitutional Reform Act 2005 (c. 4), s. 18, Sch. 6 para. 4(3)
F3: Words in s. 8(1)(c) inserted (retrospective to 26.3.1946) by 1996 c. 54, s. 1(1)(a)

Modifications

C1

S. 8 amended (2.12.1999) by 1998 c. 47, s. 85(11) (with s. 95); S.I. 1999/3209, art. 2, Sch.

S. 8 excluded (1.7.1999) S.I. 1999/1096, art. 3(2); S.I. 1998/3178

S. 8 modified (12.2.2000) by 2000 c. 1, s. 1(8), Sch. para. 3(2); S.I. 2000/396, art. 2

C2

S. 8(1): functions transferred to the Secretary of State (31.10.2006) by The Transfer of Functions (Statutory Instruments) Order 2006 (S.I. 2006/1927), art. 3(a)