Section 137E: Orders under s.137D(1)(b)

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part 9A: Rules and Guidance — CHAPTER 1: Rule-making powers

No order may be made under section 137D(1)(b) unless—

a draft of the order has been laid before Parliament and approved by a resolution of each House, or
subsection (3) applies.

Subsection (3) applies if an order under section 137D(1)(b) contains a statement that the Treasury are of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved.

Where this subsection applies the order—

must be laid before Parliament after being made, and
ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

The "relevant period" is a period of 28 days beginning with the day on which the order is made.

In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

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