National Security Act 2023
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Change 1
96 Regulations
(1) A power to make regulations under any provision of this Act includes power to make— (a) consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes or different areas. (2) Subsection (1) does not apply to regulations under section 100 or 101. (3) Regulations under this Act are to be made by statutory instrument. (4) Regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament, except— (a) regulations under section 100 or 101; (b) regulations to which subsection (6) applies; (ba) regulations made under subsection (6A); (c) regulations under paragraph 46 of Schedule 6. (5) A statutory instrument containing (whether alone or with other provision) regulations to which subsection (6) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) This subsection applies to— (za) regulations under section 33A; (a) regulations under section 65(3); (b) regulations under section 66 specifying a foreign power, or a person other than a foreign power, who is not specified immediately before the regulations are made; (c) regulations under section 68(5); (d) regulations under section 79(1)(a); (e) regulations under section 95 which contain provision within section 95(2); (f) regulations under paragraph 3(2)(b) of Schedule 6; (g) regulations under paragraph 4(3) of Schedule 6; (h) regulations under paragraph 15 of Schedule 13; (i) regulations under paragraph 27 of Schedule 14; (j) regulations under paragraph 8 of Schedule 15. (6A) A statutory instrument containing only regulations under section 33A may be made without a draft having been laid before and approved by resolution of each House of Parliament if the Secretary of State is of the opinion that it is necessary by reason of urgency. (6B) Regulations contained in an instrument under subsection (6A)— (a) must contain a declaration of the Secretary of State’s opinion, and (b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (6C) If regulations cease to have effect under subsection (6B)(b) that does not affect anything previously done or the power to make new regulations. (7) A statutory instrument containing regulations under paragraph 46 of Schedule 6 must be laid before Parliament as soon as practicable after being made. (8) Regulations contained in a statutory instrument laid before Parliament under subsection (7) cease to have effect at the end of the period of 20 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (9) In calculating the period of 20 or 40 days no account is to be taken of any whole days that fall within a period during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than four days. (10) Subsections (8) and (9) do not apply to regulations under paragraph 46 of Schedule 6 which revoke regulations under that paragraph. (11) If a draft of a statutory instrument containing regulations under section 33A, 65, 66 or 68 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
96 Regulations
(1) A power to make regulations under any provision of this Act includes power to make— (a) consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes or different areas. (2) Subsection (1) does not apply to regulations under section 100 or 101. (3) Regulations under this Act are to be made by statutory instrument. (4) Regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament, except— (a) regulations under section 100 or 101; (b) regulations to which subsection (6) applies; (ba) regulations made under subsection (6A); (c) regulations under paragraph 46 of Schedule 6. (5) A statutory instrument containing (whether alone or with other provision) regulations to which subsection (6) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) This subsection applies to— (za) regulations under section 33A; (a) regulations under section 65(3); (b) regulations under section 66 specifying a foreign power, or a person other than a foreign power, who is not specified immediately before the regulations are made; (c) regulations under section 68(5); (d) regulations under section 79(1)(a); (e) regulations under section 95 which contain provision within section 95(2); (f) regulations under paragraph 3(2)(b) of Schedule 6; (g) regulations under paragraph 4(3) of Schedule 6; (h) regulations under paragraph 15 of Schedule 13; (i) regulations under paragraph 27 of Schedule 14; (j) regulations under paragraph 8 of Schedule 15. (6A) A statutory instrument containing only regulations under section 33A may be made without a draft having been laid before and approved by resolution of each House of Parliament if the Secretary of State is of the opinion that it is necessary by reason of urgency. (6B) Regulations contained in an instrument under subsection (6A)— (a) must contain a declaration of the Secretary of State’s opinion, and (b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (6C) If regulations cease to have effect under subsection (6B)(b) that does not affect anything previously done or the power to make new regulations. (7) A statutory instrument containing regulations under paragraph 46 of Schedule 6 must be laid before Parliament as soon as practicable after being made. (8) Regulations contained in a statutory instrument laid before Parliament under subsection (7) cease to have effect at the end of the period of 20 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. (9) In calculating the period of 20 or 40 days no account is to be taken of any whole days that fall within a period during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than four days. (10) Subsections (8) and (9) do not apply to regulations under paragraph 46 of Schedule 6 which revoke regulations under that paragraph. (11) If a draft of a statutory instrument containing regulations under section 33A, 65, 66 or 68 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
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