Human Tissue Act 2004

52 Orders and regulations U.K.

(1) Any power to make orders or regulations under this Act includes power—

(a) to make different provision for different cases, and

(b) to make incidental, supplementary, consequential or transitional provision or savings.

(2) Any power to make orders or regulations under this Act is exercisable by statutory instrument.

(3) A statutory instrument containing an order or regulations under this Act, except sections 1(11), 6, 7(4), 10(9), 14(4), 16(5), 27(9), 33(3) and (7), 46(1) and 54(10) and paragraphs 6(2), 12(2) and 13 of Schedule 4, made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) No order under section 1(11), 10(9), 14(4), 27(9) or 54(10) or paragraph 13 of Schedule 4, and no regulations under section 6, 7(4), 16(5), 33(3) or (7) or 46(1) or paragraph 6(2) or 12(2) of Schedule 4, shall be made unless a draft of the statutory instrument containing it, or them, has been laid before and approved by a resolution of each House of Parliament.

(5) Subsections (1) and (2) do not apply to any power of a court.

(6) Subsections (1) to (3) do not apply to orders under section 58 or 60.

(7) The power under section 14(4) or 16(5)—

(a) so far as relating to museums in Wales, may only be exercised with the consent of the National Assembly for Wales, and

(b) so far as relating to museums in Northern Ireland, may only be exercised with the consent of the Department of Culture, Arts and Leisure.

(8) The Secretary of State shall consult the National Assembly for Wales and the relevant Northern Ireland department before acting under any of the following provisions—

• section 1(9)(a) and (11);

• section 4(10)(b);

• section 6;

• section 7(4);

• section 8(4)(d);

• section 10(9);

• section 14(4);

• section 16(3) and (5);

• section 27(9);

• section 33(3) and (7);

• section 34(1);

• section 46(1);

• section 54(10);

• paragraphs 6(2), 10(b), 12(2) and 13 of Schedule 4;

• paragraph 4(5) of Schedule 5.

(9) Before acting—

(a) under section 54(10) in order to amend section 54(9) so far as having effect for the purposes of Schedule 4, or

(b) under paragraph 6(2), 10(b), 12(2) or 13 of Schedule 4,

the Secretary of State shall also consult the Scottish Ministers.

(10) Before acting under any of the following provisions, the Secretary of State shall also consult such other persons as he considers appropriate—

• section 1(11);

• section 6;

• section 7(4);

• section 10(9);

• section 14(4);

• section 16(5);

• section 27(9);

• section 33(3) and (7);

• section 46(1);

• section 54(10);

• paragraphs 6(2), 12(2) and 13 of Schedule 4.

Commencement Information

I1 S. 52 in force at 1.4.2005 for specified purposes by S.I. 2005/919, art. 3, Sch. (with art. 2)

I2 S. 52 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(c)(j)

I3 S. 52 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)

I4 S. 52 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)

I5 S. 52 in force at 31.7.2006 for specified purposes by S.I. 2006/1997, art. 2, Sch. (with art. 4)

I6 S. 52 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)