Commentary on Sections Part 3: Nuclear Regulation Supplementary Section 113: Subordinate legislation under Part 3
490.Any orders and regulations made under Part 3 (including the Schedules introduced by this Part) will be made by statutory instrument (subsection (1)). As a general rule, such orders and regulations will be made subject to annulment by either House of Parliament (see subsection (4)). There are several exceptions to this rule relating to where regulations are the first nuclear regulations to be made; or where they modify or repeal any part of the Nuclear Installations Act 1965, or the Nuclear Safeguards Act 2000; or where they create a new offence. In these circumstances the statutory instrument containing such regulations must be approved by a resolution of each House of Parliament (see subsection (3)). Where an existing offence is revoked or re-enacted by nuclear regulations, it would not constitute the creation of a new offence for the purposes of this section.
491.Another exception concerns orders made under paragraph 26 of Schedule 7 to raise the limit on how much the ONR may borrow (see subsection (4)). Such orders must be positively approved by the House of Commons before they can be made.
492.In addition, orders made under section 111 must be approved by both Houses of Parliament before they can be made by the Secretary of State (see subsection (2)(b)).