Railways Act 2005

56 Powers exercisable by statutory instrument

(1) Every power conferred by this Act on the Secretary of State or the Scottish Ministers to make an order or regulations is a power exercisable by statutory instrument.

(2) Where—

(a) this Act provides for an order or regulations to be subject to the negative resolution procedure, and

(b) a draft of the order or regulations is not required, in accordance with subsection (4) or any other enactment, to have been laid before Parliament and approved by a resolution of each House, or by a resolution of the House of Commons or of the Scottish Parliament,

the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a relevant resolution.

(3) In subsection (2) “a relevant resolution”—

(a) in relation to an order or regulations made by the Secretary of State, means a resolution of either House of Parliament;

(b) in relation to an order or regulations made by the Scottish Ministers, means a resolution of the Scottish Parliament; and

(c) in relation to an order made by the Secretary of State and the Scottish Ministers jointly, means a resolution of either House of Parliament or of the Scottish Parliament.

(4) Where this Act specifies that a power to make provision of a particular description by order is subject to the affirmative resolution procedure, no order may be made containing provision of that description (with or without other provision) unless a draft of the order has been—

(a) laid before Parliament; and

(b) approved by a resolution of each House.

(5) Subject to subsection (6), every power under this Act of the Secretary of State or Scottish Ministers to make an order or regulations includes power—

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as the person exercising the power thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as that person thinks fit.

(6) Subsection (5) does not apply to the power of the Secretary of State to make an order under section 60(2).