Commentary on Sections Section 16: Regulations
44.This section makes further provision about the Secretary of State’s regulation-making powers under the Act. In particular, the first regulations establishing a scheme (and any subsequent regulations that establish an entirely new scheme) are required to be laid before and approved by each House of Parliament before they can be made (normally referred to as the affirmative procedure) (subsection (6)). All other regulations are subject to annulment in pursuance of a resolution of either House of Parliament (normally referred to as the negative procedure) (subsection (7)): this means that such regulations can come into force without Parliamentary approval but that Parliament will have 40 days after they have been laid before Parliament to pass a resolution annulling them. If such a resolution was passed, the regulations would cease to have effect from the date of the resolution.