Shipping and Trading Interests (Protection) Act 1995
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Change 1
4 Parliamentary control of orders under section 1.
(1) Subject to subsection (3) below, no protective order shall be made unless— (a) a draft has been approved by resolution of each House of Parliament, or (b) it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved. (2) Subject to subsection (3) below, a protective order made without a draft having been approved by resolution of each House of Parliament shall cease to have effect at the expiration of a period of 28 days beginning with the date on which it was made unless before the expiration of that period it has been approved by resolution of each House of Parliament, but without prejudice to anything previously done, or to the making of a new order. In reckoning for the purposes of this subsection any period of 28 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (3) Subsections (1) and (2) above do not apply to a protective order which is made for the purpose only of implementing any EU obligation. (4) An order under section 1 which is not a protective order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) If an order under that section recites that it is made as mentioned in subsection (3) above, or that it is not a protective order, the recital shall be conclusive.
4 Parliamentary control of orders under section 1.
(1) Subject to subsection (3) below, no protective order shall be made unless— (a) a draft has been approved by resolution of each House of Parliament, or (b) it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved. (2) Subject to subsection (3) below, a protective order made without a draft having been approved by resolution of each House of Parliament shall cease to have effect at the expiration of a period of 28 days beginning with the date on which it was made unless before the expiration of that period it has been approved by resolution of each House of Parliament, but without prejudice to anything previously done, or to the making of a new order. In reckoning for the purposes of this subsection any period of 28 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (3) Subsections (1) and (2) above do not apply to a protective order which is made for the purpose only of implementing any EU obligation. (4) An order under section 1 which is not a protective order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) If an order under that section recites that it is made as mentioned in subsection (3) above, or that it is not a protective order, the recital shall be conclusive.
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