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Part VIU.K. Miscellaneous and General

General supplementary provisionsE+W+S

135 Procedure for making regulations, rules and orders.E+W+S

(1)Section 61 of the 1981 Act (procedure for making regulations under that Act) shall have effect as if Parts I and II of this Act were contained in that Act; and in subsection (2) of that section (duty to consult before making regulations under section 59 or 60 of that Act) the words “section 59 or 60 of” shall be omitted.

(2)Any power of the Secretary of State—

(a)to make regulations or rules under any provision of this Act (other than one contained in Part I or II); or

(b)to make an order under any provision of this Act (including one so contained);

shall be exercisable by statutory instrument.

(3)Subject to subsection (4) below, any statutory instrument containing any such regulations, rules or orders shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Subsection (3) above does not apply to a statutory instrument containing an order under section 46, 52(5), 53(1), 85 or 140(2) of this Act.