Section 58(4)

In Article 59 (regulations)— before paragraph (1) insert— Before making regulations under this Order the Secretary of State must obtain the consent of the Department for Infrastructure. Regulations under Article 39 or 40 or under a NUAR provision may make supplementary or incidental provision. in paragraph (1), after “Order” insert “, other than regulations made by the Secretary of State,”; before paragraph (2) insert— For the purposes of the Statutory Instruments Act 1946 a power of the Secretary of State to make regulations under this Order is exercisable by statutory instrument, and that Act applies in relation to a document by which such a power is exercised as if this Order were an Act of Parliament passed after the commencement of that Act. Regulations made by the Secretary of State under Articles 39, 40, 45A, 45B and 45F are subject to the negative Westminster procedure. Subject to paragraphs (1E) and (1F), regulations made by the Secretary of State under Articles 45C, 45E and 45H and paragraph 1 of Schedule 2ZA are subject to the affirmative Westminster procedure. Regulations under Article 45E(1) that only make provision of a kind mentioned in Article 45E(2) are subject to the negative Westminster procedure. But the first regulations under Article 45E(1) that make provision of a kind mentioned in Article 45E(2) are subject to the affirmative Westminster procedure. Where regulations under this Order are subject to “the affirmative Westminster procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament. Where regulations under this Order are subject to “the negative Westminster procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament. Any provision that may be made in regulations under this Order subject to the negative Westminster procedure may be made in regulations subject to the affirmative Westminster procedure.

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