(1)Any power of the Secretary of State to make rules or regulations under this Act and the power of the Secretary of State to make an order under section thirty–four [F1F2... or 40A ] of this Act [F3or under Schedule A1 to this Act ] shall be exercisable by statutory instrument.
(2)Any statutory instrument containing regulations made under section sixteen F4... . . . F5 shall be laid before Parliament.
[F6(2A)A statutory instrument containing an order under section 40A(7) which relates to List A (whether or not it also relates to List B) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(2B)A statutory instrument containing an order under section 40A(7) which relates only to List B is subject to annulment in pursuance of a resolution of either House of Parliament.]
[F7(2A)A statutory instrument containing an order under Schedule A1 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
(3)The power of the Secretary of State to make an order under section six or section thirty–four of this Act [F8or under Schedule A1 to this Act] shall include power to revoke or vary such an order.
[F9(4)A statutory instrument containing rules under section 47 or 47A is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).
(5)A statutory instrument containing rules under section 47 that (whether alone or with other provision)—
(a)authorise a secure college custody officer performing custodial duties at a secure college to use reasonable force, or
(b)otherwise make a substantive change to the circumstances in which such an officer is authorised to do so,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6)In subsection (5), “secure college custody officer” has the same meaning as in Schedule 10 to the Criminal Justice and Courts Act 2015.]
Textual Amendments
F1Words in s. 52(1) substituted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(2)(a), 41(1); S.I. 2008/504, art. 3(h)
F2Word in s. 52(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(5)(a), 115(3)(j)
F3Words in s. 52(1) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(2); S.I. 2007/709, art. 3(p) (with art. 6)
F4Words in s. 52(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 84(5)(b), 115(3)(j)
F5Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F6S. 52(2A)(2B) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(2)(b), 41(1); S.I. 2008/504, art. 3(h)
F7S. 52(2A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(3); S.I. 2007/709, art. 3(p) (with art. 6)
F8Words in s. 52(3) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 1(4); S.I. 2007/709, art. 3(p) (with art. 6)
F9S. 52(4)-(6) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 28; S.I. 2015/778, art. 2(1)(d)