VOLUME 36
9.10 - 9.12
9.10
9.10.1
9.10.2
9.10.3
9.11
9.11.1
9.12
9.12.1
9.12.2
STATUTORY Orders in counCIL LAID BEFORE PARLIAMENT AFTER BEING MADE BY HER MAJESTY AND SUBJECT TO ANNULMENT IN PURSUANCE OF A RESOLUTION BY EITHER HOUSE WITHIN 40 DAYS OF BEING LAID
The terms of the Order are settled by the legal adviser to the sponsoring Department in accordance with policy decisions communicated to him by that Department. The procedure in paras 9.9.2 and 9.9.3 is followed and the draft Order is submitted to a Minister for approval in the manner described in para 9.9.4.
When Legal Executive Branch has been notified of the Minister's approval, it arranges the sending of the draft Order and accompanying documents to the Lord President of the Council as in para 9.9.9.
When the Order has been made by Her Majesty in Council, the Privy Council Office arranges for it to be laid before Parliament.
STATUTORY ORders in counCIL LAID BEFORE PARLIAMENT AFTER BEING MADE BY HER MAJESTY BUT NOT SUBJECT TO ANY OTHER PARLIAMENTARY PROCEDURE; STATUTORY ORDERS IN COUNCIL NOT LAID BEFORE PARLIAMENT; AND PREROGATIVE ORDERS
The procedure for these is the same as at paras 9.10.1 and 9.10.2, except that it is at the discretion of the sponsoring Department whether to seek Ministerial approval as at para 9.9.4 before the draft instrument is sent to the Privy Council Office, or to arrange for the draft to be sent without Ministerial approval, but with the approval of an Under-Secretary. In the latter event, the Under-Secretary informs the appropriate Minister that this has been done. Where the instrument has to be laid before Parliament after being made, the procedure in para 9.10.3 applies.
REGULATIONS MADE BY THE SECRETARY OF STATE
The terms of the Regulations are settled by the legal advisers to the sponsoring Department in accordance with policy decisions communicated to him by that Department. The consent of the Treasury is required for the making of certain of these Regulations; when this is so, their agreement in principle is first obtained by the sponsoring Department before the Regulations are drafted and the draft Regulations are cleared with them as necessary by that Department. The procedures in paras 9.9.2 and 9.9.3 are followed (except that no proofs are sent to the Privy Council Office) and the draft Regulations are submitted to the Secretary of State for approval in the manner described in para 9.9.4. If approved, a copy of the Regulations is signed by the Secretary of State. In the absence of the Foreign and Commonwealth Secretary, the draft Regulations may be submitted to another Secretary of State for signature. Where the
ent of the Treasury is required, the signed copy is then sent by the sponsoring Del dre Treasury to be signed by two of the Lords Commissioners of the Treasury.
the sponsoring Department the signed copy of any Regulations which iments, Legal Executive Branch arrange their numbering, registration and ordance with the instructions in the Handbook on Statutory Instrument Procedu
he statutory regulations have to be laid before Parliament after being made, ome are subject to annulment. Legal Executive Branch arranges the laying procedure.
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