Section 259

A statutory instrument under this Act— may make provision that applies generally or only for specified purposes, cases or circumstances, may make different provision for different purposes, cases or circumstances, and may include incidental, consequential or transitional provision. No statutory instrument under this Act shall be treated as a hybrid instrument under Standing Orders of either House of Parliament. The Table lists the powers to make statutory instruments under this Act and the arrangements for Parliamentary scrutiny in each case (which are subject to subsections (4) to (6)). A power listed in subsection (5) may be exercised without a draft being laid before and approved by resolution of each House of Parliament if— the power is being exercised for the first time, and the person exercising it is satisfied that it is necessary to exercise it without laying a draft for approval. The powers are those in— section 2 (special resolution regime: meaning of “bank”), section 47 (special resolution regime: partial transfers), section 48 (special resolution regime: protection of interests), section 60 (special resolution regime: third party compensation), section 60A (special resolution regime: instruments containing special bail-in provision), section 88 (special resolution regime: building societies: consequential), section 91 (bank insolvency: meaning of “bank”), section 122 (bank insolvency: application of insolvency law), section 130 (bank insolvency: building societies), section 135 (bank insolvency: consequential provision), section 149 (bank administration: multiple original transfers), section 152 (bank administration: transfer from temporary public ownership), section 152A (bank administration: property transfer from transferred institution), section 156 (bank administration: application of other law), section 158 (bank administration: building societies), section 168 (bank administration: consequential provision), ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where an instrument is made in reliance on subsection (5)— it shall lapse unless approved by resolution of each House of Parliament during the period of 28 days (ignoring periods of dissolution, prorogation or adjournment of either House for more than 4 days) beginning with the day on which the instrument is made, the lapse of an instrument under paragraph (a) does not invalidate anything done under or in reliance on it before its lapse and at a time when neither House has declined to approve it, and the lapse of an instrument under paragraph (a) does not prevent the making of a new one (in new terms).

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Source: legislation.gov.uk · retrieved 2026-09-04