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Merchant Shipping Act 1979

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This is the original version (as it was originally enacted).

49Orders and regulations

(1)Any power to make an order or regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument

(2)Section 738 of the [1894 c. 60.] Merchant Shipping Act 1894 (which among other things provides for the publication in the London Gazette, the laying before Parliament and the alteration and revocation of Orders in Council made under that Act or any Act amending that Act) shall not apply to an Order in Council made under this Act.

(3)No order shall be made in pursuance of section 3(1), 4(2), 8(5), 10(3) or 34(3) of this Act and no regulations relating to an international agreement which has not been laid before Parliament before the passing of this Act shall be made in pursuance of section 21(1) (b) of this Act unless a draft of the order or regulations has been approved by resolution of each House of Parliament.

(4)Any statutory instrument containing an order made by virtue of section 2(3), 41(1) or 43(4) of this Act or paragraph 11 of Part II of Schedule 3 or paragraph 3 or 5 of Part II of Schedule 4 to this Act or containing regulations made by virtue of section 11(2)(a), 21(1), 22(3), 23(1), 25(4) or 30(2) of this Act (except regulations made by virtue of section 21(1) of which a draft has been approved as mentioned in the preceding subsection) shall be subject to annulment in pursuance of a resolution by either House of Parliament.

(5)Any statutory instrument containing an order made by virtue of paragraph 8(1) of Part II of Schedule 4 to this Act shall be laid before Parliament after being made.

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