Section 65: Regulations, Illegal Migration Act 2023

A power to make regulations under this Act is exercisable by statutory instrument.

Regulations under this Act may make—

consequential, supplementary, incidental, transitional or saving provision;

different provision for different purposes.

Subsection (2) does not apply to regulations under section 68(1) (commencement).

A statutory instrument containing (whether alone or with other provision)—

regulations under section 4(3)(d) (circumstances in which power to make arrangements for removal of unaccompanied child applies),

regulations under section 7(1) (powers to amend Schedule 1),

regulations under section 20(1) (extension to Wales, Scotland and Northern Ireland),

regulations under section 24(9) (amendments in consequence of regulations made by the Scottish Ministers),

regulations under section 26(3)(b) (continuation of operation of modern slavery provisions),

regulations under section 40 (meaning of “serious and irreversible harm”),

regulations under section 60 (cap on number of entrants using safe and legal routes),

regulations under section 64(1) (consequential provision) which amend, repeal or revoke primary legislation, or

regulations under paragraph 10 of Schedule 2 (powers relating to relevant articles containing items subject to legal privilege),

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (5) does not apply to a statutory instrument containing only regulations under—

section 26(8) (transitional etc provision in connection with suspension of operation of modern slavery provisions);

section 68 (commencement).

In this section “primary legislation” means—

an Act of Parliament,

an Act of the Scottish Parliament,

a Measure or Act of Senedd Cymru, or

Northern Ireland legislation.

Section 65: Regulations

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