Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 2 — General
(b)
(c)
(10)
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the procedure set out in subsection (5) above (the negative procedure),
no procedure.
Provision is not prevented from being included in regulations made under this
Act merely because the provision could have been included in other
regulations made under this Act which would have been subject to a different
or no parliamentary procedure.
Enhanced affirmative procedure
(1)
For the purposes of regulations under section 71 to which section 72 applies
and regulations under section 73(4) to which section 73(5) applies, the
enhanced affirmative procedure is as follows.
(2)
Subsection (3) applies if—
(a) the Secretary of State has consulted under section 72(2) or (as the case
may be) 73(5) in relation to making such regulations,
(b) a period of at least 12 weeks, beginning with the day on which any such
consultation first began, has elapsed, and
(c) the Secretary of State considers it appropriate to proceed with making
such regulations.
(3)
The Secretary of State must lay before Parliament—
(a) draft regulations, and
(b) a document which explains the regulations.
(4)
The Secretary of State may make regulations in the terms of the draft
regulations laid under subsection (3) if, after the end of the 40-day period, the
draft regulations are approved by a resolution of each House of Parliament.
(5)
But subsections (6) to (9) apply instead of subsection (4) if—
(a) either House of Parliament so resolves within the 30-day period, or
(b) a committee of either House charged with reporting on the draft
regulations so recommends within the 30-day period and the House to
which the recommendation is made does not by resolution reject the
recommendation within that period.
(6)
The Secretary of State must have regard to—
(a) any representations,
(b) any resolution of either House of Parliament, and
(c) any recommendations of a committee of either House of Parliament
charged with reporting on the draft regulations,
made during the 60-day period with regard to the draft regulations.
(7)
If after the end of the 60-day period the draft regulations are approved by a
resolution of each House of Parliament, the Secretary of State may make
regulations in the terms of the draft regulations.
(8)
If after the end of the 60-day period the Secretary of State wishes to proceed
with the draft regulations but with material changes, the Secretary of State may
lay before Parliament—
(a) revised draft regulations, and
(b) a statement giving a summary of the changes proposed.