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Environment Act 1995

Environment Act 1995 s 65D

s 65D Procedure etc for regulations under section 65C

(1) The power to make regulations under section 65C— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes; (c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision; (d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2016 or in the same Session as that Act. (2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind— (a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b); (b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose; (c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act. (4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament. (5) If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

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