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- Point in Time (08/04/1998)
- Original (As enacted)
Version Superseded: 25/08/2000
Point in time view as at 08/04/1998. This version of this provision has been superseded.
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(1)Subject to subsection (4), any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.
(2)No order under section 1, 30 [F1, 54] or 62(3) and no regulations under section 49 shall be made unless—
(a)a draft of the order or regulations has been approved by resolution of each House of Parliament; or
(b)it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.
(3)Orders and regulations under the provisions mentioned in subsection (2) shall, if not so approved in draft, be laid before Parliament after being made and, if at the end of the period of forty days (computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946) after the day on which the Secretary of State made such an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).
(4)Subsection (1) does not apply to any order under section 27 F2. . .or any order under regulations made by virtue of section 49.
(5)Any regulations under section 8 and any order under section 15(5), 16(8), 53 [F3or 53A]. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Any order under section 39(4) shall be laid before Parliament after being made.
Textual Amendments
F2Words in s. 60(4) repealed (8.4.1998) by 1998 c. 9, s. 7(1)(2), Sch. 1 para. 3(3)(a), Sch. 2
F3Words in s. 60(5) inserted (8.4.1998) by 1998 c. 9, s. 7(1), Sch. 1 para. 3(3)(b)
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