SCHEDULES

SCHEDULE 7 Procedure for subordinate legislation

Special cases

3

1

This paragraph applies if—

a

the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and

b

the legislation contains provisions which add to, replace or omit any part of the text of an Act.

2

Where this paragraph applies—

a

instead of the type F procedure, the type A procedure shall apply,

b

instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,

c

instead of the type H procedure, the type A procedure shall apply,

d

instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,

e

instead of the type K procedure, the type E procedure shall apply.

F13A

If legislation under section 90B amends a scheme under that section and does not contain provision—

a

made by virtue of subsection (12) or (19) of that section, or

b

adding to, replacing or omitting any part of the text of an Act,

then, instead of the type C procedure, the type I procedure shall apply.

4

If legislation under section 129(1) makes provision as mentioned in section 112(2) then, instead of the type G procedure, the type D procedure shall apply.

5

1

An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the M1Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.

2

An instrument containing an Order in Council under section 89 or 90 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the M2Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.

F26

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