Section 43 — Welfare Reform Act 2012: Regulations: procedure

Regulations: procedure 43 1 Regulations under this Part are to be made by statutory instrument.

2 A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.

3 A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—

a section 4(7) (acceptance of claimant commitment);

b section 5(1)(a) and (2)(a) (capital limits);

c section 8(3) (income to be deducted in award calculation);

d section 9(2) and (3) (standard allowance);

e section 10(3) and (4) (children and young persons element);

f section 11 (housing costs element);

g section 12 (other needs and circumstances element);

h section 18(3) and (5) (work availability requirement);

i section 19(2)(d) (claimants subject to no work-related requirements);

j sections 26 and 27 (sanctions);

k section 28 (hardship payments);

l paragraph 4 of Schedule 1 (calculation of capital and income);

m paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.

4 A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.

5 A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—

a it also contains regulations under another enactment, and b an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.

6 For the purposes of subsections (2) to (5)—

a a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;

b a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

7 A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.