Section 23 — Regulations

(1) Regulations under this Act are to be made by statutory instrument.

(2) Regulations under this Act may make—

(a) different provision for different purposes;

(b) different provision for different areas;

(c) supplementary, incidental, consequential, transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under section [F1 2(1B) or] 5(8) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations under any of sections 10, 11(12) or (14), 16 to 19 or 21 must be laid before Parliament as soon as reasonably practicable after being made.

(5) A statutory instrument containing regulations made under section 11(16)—

(a) if the regulations only provide for subordinate legislation (within the meaning of the Interpretation Act 1978) to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

(6) Subsections (4) and (5)(b) do not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) Regulations contained in an instrument laid before Parliament by virtue of subsection (4) or (5)(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.

(8) In calculating the period of 40 days, no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses of Parliament are adjourned for more than 4 days.

(9) Where regulations cease to have effect as a result of subsection (7) that does not—

(a) affect anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

Amendment notes

1. F1 Words in s. 23(3) inserted (E.W.) (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 4 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)