National Health Service (Scotland) Act 1978

105 Orders, regulations and directions. S

(1) Any power to make orders and regulations conferred by this Act shall be exercisable by statutory instrument.

[F1 (1A) Subsection (1) does not apply to orders made under section 12D(1) or paragraph 26(1) of Schedule 7A.]

(2) A statutory instrument made by virtue of this Act shall, subject to subsections (3) and (4), be subject to annulment in pursuance of a resolution by either House of Parliament.

(3) No regulations shall be made under sub-paragraphs (1) or (2) of paragraph 6 of Schedule 6 (capital value of and borrowings from relevant endowments [F2 or orders under section 99ZB(3)]) unless a draft has been laid before Parliament and approved by a resolution of each House of Parliament.

(4) Subsection (2) does not apply to—

(a) an order made under section 2(1) constituting a Health Board;

(b) orders made under sections 2(11), 8, 10(3) to (5) [F3 12A(1), 12A(8), 12E(1), 12G(2),], 70(2) F4 . . . [F5 paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B];

(5) Any power to make regulations conferred on the Secretary of State by this Act is, if the Treasury so direct, exercisable by the Treasury and the Secretary of State jointly except in the case of—

(a) regulations made under section 22;

(b) regulations made under section 69(1) in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraph 1(1) of Schedule 11 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c) regulations made under paragraph 2(2) of that Schedule;

(d) regulations made under paragraph 2(6) of that Schedule;

(6) Where under any provision of this Act—

(a) power to make an order may be exercisable, or

(b) directions may be given, or

(c) schemes may be made,

that provision includes power to vary or revoke the order or direction or scheme, as the case may be, by subsequent order or subsequent directions or subsequent scheme made in the like manner and subject to the same provisions.

(7) Any power [F6 conferred by this Act] to make regulations [F7 , orders or directions] may be exercised—

(a) either in relation to all cases to which the power extends, or in those cases subject to exceptions, or in relation to any [F8 specified cases or classes of case], and

(b) subject to such other exceptions or conditions as the Secretary of State thinks fit,

and shall include power to make such [F9 supplementary, incidental, consequential, transitory, transitional or saving] provision as appears to the Secretary of State to be expedient.

[F10 This subsection does not apply to regulations made under section 22 (but without prejudice to subsection (3) of that section) or to an order made under section 49 (but without prejudice to paragraph 1(1) of Schedule 10).]

Textual Amendments

F1 S. 105(1A) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(a)

F2 Words in s. 105(3) inserted (14.10.1999) by 1999 c. 8, s. 59(2); S.S.I. 1999/115, art. 2

F3 Figures inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(b)

F4 Words in s. 105(4)(b) repealed (1.4.1995) by 1994 c. 16, s. 2(1); S.I. 1995/576, art. 2

F5 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(21)(c)

F6 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 5(1)(a)

F7 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 24

F8 Words substituted by Health Services Act 1980 (c. 53), Sch. 6 para. 5(1)(c)

F9 Words in s. 105(7) substituted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 60; S.S.I. 1999/90, art. 2(a)(b), Sch. 1

F10 Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 5(1)(d)

Modifications etc. (not altering text)

C1 S. 105(7) extended by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(3)