This is a single section from Chapter 16. Read the full chapter here.

Will the power be subject to the publication or disallowance procedures in the Legislation Act 2012?

Legislation should clearly identify whether the power of exemption will be subject to the disallowance and/or publication procedures in the Legislation Act 2012.

For the avoidance of doubt, an Act should confirm whether or not the exemption instrument is a disallowable instrument or a legislative instrument, or both. Often a class exemption that is of general application will be a disallowable instrument and a legislative instrument. An “individual” exemption will often be a disallowable instrument yet not a legislative instrument (but in this case the legislation should provide for alternative publication requirements). Some individual exemptions will probably be neither, and publication may not be appropriate; for example, exemptions from wearing a seatbelts or helmets on health grounds in section 166 of the Land Transport Act 1998.

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