Section 82Orders and regulations.

(1) Any power of the ^F1. . . Secretary of State [^F2or the [^F3Minister for the Cabinet Office]] to make an order or regulations under this Act shall be exercisable by statutory instrument.

(2) A statutory instrument containing (whether alone or with other provisions)—

(a)
an order under section 5, 7(3) or (8), 53(1)(a)(iii) or 75, or
(b)
regulations under section 10(4) or 74(3),

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument which contains (whether alone or with other provisions)—

(a)
an order under section 4(1) [^F4or 47(4B)], or
(b)
regulations under any provision of this Act not specified in subsection (2)(b),

and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under section 4(5) shall be laid before Parliament after being made.

(5) If a draft of an order under section 5 or 7(8) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

Amended text

This Section is shown as amended by Protection of Freedoms Act 2012; S.I. 2003/1887; S.I. 2015/1897; S.I. 2016/997 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 82(1) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(3)
F2 Words in s. 82(1) inserted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 2(2)(e)
F3 Words in s. 82(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(p) (with art. 12)
F4 Words in s. 82(3)(a) inserted (1.9.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 107(4), 120 (with s. 97); S.I. 2013/1906, art. 3(d)

https://foia.digiphile.law/article/article-82.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.