Criminal Justice Act 2003

330 Orders and rules

(1) This section applies to—

(a) any power conferred by this Act on the Secretary of State to make an order or rules;

(b) the power conferred by section 168 on the Lord Chancellor to make an order.

(2) The power is exercisable by statutory instrument.

(3) The power—

(a) may be exercised so as to make different provision for different purposes or different areas, and

(b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

(4) The power includes power to make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which the Minister making the instrument considers necessary or expedient.

(5) A statutory instrument containing—

(a) an order under any of the following provisions—

• section 25(5),

• section 103,

• section 161(7),

• section 178,

• section 197(3),

• section 223,

• section 246(5),

• section 260,

• section 267,

• section 269(6),

• section 281(2),

• section 283(1),

• section 291,

• section 301(5),

• section 325(7), and

• paragraph 5 of Schedule 31,

(b) an order under section 336(3) bringing section 43 into force,

(c) an order making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or

(d) rules under section 240(4)(a),

may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions—

• section 202(3)(b),

• section 215(3),

• section 253(5),

• section 325(6)(i), and

• section 336.