(1)Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
(2)Any Order in Council under this Act [F1or any order made [F2by the Secretary of State] under section 54A [F3or 68A(7)][F4or 65]above]and any statutory instrument containing regulations [F5made by the Secretary of State, or rules made,] under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No order shall be made [F6by the Secretary of State] under section [F745A(10),][F868A(1)] or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament.
[F9(3A)Subsections (3B) to [F10(3DB)] apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006).
(3B)Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument.
(3C)Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3D)No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales.
[F11(3DA)Subsection (3C) does not apply to regulations to which subsection (3DB) applies.
(3DB)A statutory instrument which contains (alone or with other provisions) the first regulations to be made under any of the following provisions–
(a)section 130E(2),
(b)section 130E(4)(b),
(c)section 130E(5)(b),
(d)section 130F(2)(d),
(e)section 130G(2)(c), or
(f)section 130H(1)(b)(ii),
must not be made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the National Assembly for Wales.]
(3E)In this section—
(a)references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and
(b)references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.]
[F12(4)This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.]
Textual Amendments
F1Words in s. 143(2) inserted (E.W) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 27(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F2Words in s. 143(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
F3Words in s. 143(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
F4Words in s. 143(2) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(13)
F5Words in s. 143(2) substituted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 47(2), 56 (with Sch. 10)); S.I. 2008/745, art. 3(g)
F6Words in s. 143(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(b)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
F7Words in s. 143(3) inserted (E.W) (1.10.1997) by 1997 c. 43, ss. 55, 57(2), Sch. 4 para. 12(18); S.I. 1997/2200, art. 2
F8Word in s. 143(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(b)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
F9S. 143(3A)-(3E) inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 47(3), 56 (with Sch. 10); S.I. 2008/745, art. 3(g)
F10Word in s. 143(3A) substituted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 40(2), 55(3); S.I. 2011/3046, arts. 2(g), 3(g) (with art. 5)
F11S. 143(3DA)(3DB) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 40(3), 55(3); S.I. 2011/3046, arts. 2(g), 3(g) (with art. 5)
F12S. 143(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 16; S.I. 2006/1014, art. 2(a), Sch. 1 para. 7