Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament.
If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued.
If no such resolution is made within that period, the Secretary of State may issue the guidance.
In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).
In calculating the 40-day period, no account is to be taken of any period during which—
Parliament is dissolved or prorogued, or
both Houses are adjourned for more than 4 days.