Merchant Shipping and Maritime Security Act 1997

18(1)Section 306 of the 1995 Act (regulations, rules and orders, etc.) is amended as follows.

(2)For subsection (1) (powers which are exercisable by statutory instrument) there is substituted—

“(1)Subject to subsection (1A) below, any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(1A)Subsection (1) above does not apply to—

(a)rules made under section 91; or

(b)any instrument made under section 128(4)(f) other than an instrument containing regulations.”

(3)For subsection (2) (statutory instruments containing regulations, orders or rules to be subject to negative resolution procedure, except in specified cases) there is substituted—

“(2)Subject to subsection (2A) below—

(a)any statutory instrument containing regulations under this Act (including such an instrument made by virtue of section 128(4)(f) or 182B(4)(e)), and

(b)any statutory instrument containing an order or rules made under this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2A)Subsection (2) above does not apply to—

(a)regulations made under section 130A, 259(8) or 260(3) or Schedule 11A;

(b)commencement orders;

(c)any order made under section 216(2), 223(3), paragraph 8 of Part II of Schedule 7, or any provision of Schedule 14.”

(4)In subsection (3) (which provides that all Orders in Council apart from those specified are to be subject to negative resolution procedure)—

(a)after “172(2)” there is inserted “182B(1)”, and

(b)after “184” there is inserted “185(2A) or (2B)”.

(5)In subsection (4)(a) (duty to consult before making certain regulations), for “under section 108” there is substituted “section 108 or 130A”.