Immigration and Asylum Act 1999

166 Regulations and orders

(1) Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.

(2) But subsection (1) does not apply in relation to rules made under paragraph 1 of Schedule 5 or immigration rules.

(3) Any statutory instrument made as a result of subsection (1) may—

(a) contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;

(b) make different provision for different cases or descriptions of case; and

(c) make different provision for different areas.

(4) No order is to be made under—

(a) section 20,

(b) section 21,

(c) section 31(10),

(d) section 86(2),

(e) section 96(5),

(f) section 97(3),

(g) section 143(15), or

(h) paragraph 4 of Schedule 5,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5) No regulations are to be made under—

(a) section 9,

(b) section 46(8);

(c) section 53, or

(d) section 144,

unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) Any statutory instrument made under this Act, apart from one made—

(a) under any of the provisions mentioned in subsection (4) or (5), or

(b) under section 24(3) or 170(4) or (7),

shall be subject to annulment by a resolution of either House of Parliament.