Commentary on Sections Part 6 – Final Provisions Section 195: Orders and regulations
468.This section provides that all regulation and order making powers in the Act will be subject to the negative resolution procedure, unless provided for differently under subsection (5). In England, this means that such regulations and orders will be laid before Parliament and may only be ‘made’ (i.e: be signed by the Minister and be commenced on the day stated on the document) if after forty days either House of Parliament does not decide to annul them. For Wales, it is different as all regulations and orders are debated by the National Assembly for Wales as a matter of course.
469.Subsection (5) lists those regulation-making powers which will be subject to more Parliamentary scrutiny than the negative resolution procedure provides for. The first set of regulations under section 150(12) (regulations to amend Schedule 10 – exempted payments) and every set of regulations under section 153(2) (regulations about the amounts to be specified in certificates) will be subject to the affirmative resolution procedure. Subsection (5) also provides that all orders and regulations made under sections 200 and 201 that amend or repeal any part of the text of an Act must also be subject to the affirmative procedure. For England, this means that these orders and regulations will have to be approved by Parliament before they can be made. For Wales, the Assembly's Standing Orders set down the procedures to be followed and all such instruments must be approved by the Assembly in Plenary or Cabinet. All such instruments are debated before they are made. In the case of regulations made for Scotland under section 150(12) and 153(2), the Scottish Parliament will have to approve them.