68Regulations and ordersU.K.
This section has no associated Explanatory Notes
(1)Any power or duty of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2)A statutory instrument containing regulations under this Act made by the Secretary of State 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)An order made by the Scottish Ministers under section 1(5)(c), 4(8)(c), 40(10)(c) or 42(8)(c) is subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(4)Regulations made by the Scottish Ministers under section 40(13) or 49(4) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(5)Any power or duty of the Department of Justice in Northern Ireland to make regulations or an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
(6)No regulations may be made by the Department of Justice under this Act unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(7)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
(8)Regulations or an order under this Act—
(a)may make different provision for different cases;
(b)may make transitional, transitory or saving provision;
(c)may make incidental, supplementary or consequential provision.
(9)Subsections (2) and (8) do not apply to regulations or an order under section 70.