Commentary on Sections Section 2 – Regulations: Parliamentary procedure and public notice
50.Section 2 amends sections 20, 23, 26,29 and 37 of the 2006 Act.
51.The amendments provide for advertising and trading regulations (other than the first such regulations) to be subject to the negative resolution procedure if the Secretary of State (or Welsh Ministers or Scottish Ministers in the case of regulations for Wales or Scotland respectively) considers that by reason of urgency it is necessary that they be made without being approved in draft. Under the negative resolution procedure, statutory instruments are subject to annulment by resolution of each House of Parliament (or the National Assembly for Wales or Scottish Parliament in the case of regulations for Wales or Scotland respectively). The first advertising and trading regulations remain subject to the affirmative resolution procedure.
52.The amendments relieve the ODA of the duty under the 2006 Act to aim to give two years’ and then six months’ notice of the advertising and street trading regulations (except for the first such regulations). The ODA will remain obliged to aim to give two years’ and then six months’ notice in respect of the first regulations. Also, the general duty on the ODA to arrange for the effect of regulations made or expected to be made to be brought to the attention of people likely to be affected or interested is maintained for all regulations.