Section 44: Regulations, Neighbourhood Planning Act 2017

Regulations under this Act are to be made by statutory instrument.

A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

regulations under section 29(1), (2) or (3) made by the Secretary of State;

regulations under section 42(1) which amend or repeal a provision of primary legislation.

A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—

regulations under section 25(4);

regulations under section 42(1) which do not amend or repeal a provision of primary legislation.

Regulations under this Act—

may make different provision for different purposes or areas;

may make provision which applies generally or for particular purposes or areas;

may make transitional, transitory or saving provision;

may make incidental, supplementary or consequential provision.

If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

In this section "primary legislation" means—

an Act of Parliament, or

a Measure or Act of the National Assembly for Wales.

Section 44: Regulations

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