Part 4Miscellaneous and general

General

74Orders and regulations

1

Any power of a relevant Minister to make an order or regulations under this Act is exercisable by statutory instrument.

2

Any such power—

a

may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

b

includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the relevant Minister considers appropriate.

3

Subject to subsection (4), orders or regulations made by a relevant Minister under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Subsection (3) does not apply to—

a

any order under section 11,

b

any regulations under section 13(4)(b) which amend any provision of an Act,

c

any regulations under section 72,

d

any order under section 75(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament,

e

any order under section 76 or 77, or

f

any order under section 79(2).

5

No order or regulations within subsection (4)(a), (b), (c), (d) or (e) may be made by a relevant Minister (whether alone or with other provisions) unless a draft of the order or regulations has been laid before, and approved by resolution of, each House of Parliament.

6

If a draft of an instrument containing an order under section 11 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

7

In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.