Criminal Justice and Immigration Act 2008

147 Orders, rules and regulations

(1) Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.

(2) Any such orders or regulations—

(a) may make provision generally or only for specified cases or circumstances;

(b) may make different provision for different cases, circumstances or areas;

(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(3) Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to—

(a) a statutory instrument containing an order under section 153,

(b) a statutory instrument containing an order under paragraph 26(5) of Schedule 1,

(c) a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or

(d) a statutory instrument to which subsection (5) applies.

(5) A statutory instrument containing (whether alone or with other provision)—

(a) an order under section 4(3),

(b) an order under section 48(2),

(c) an order under section 77,

(d) an order under section 81(4), 83(4) or 91(3) which amends or repeals any provision of an Act,

(e) an order under section 102,

(f) regulations under any of sections 108 to 111,

(g) an order under section 135(6),

(h) an order under section 148(3) which amends or repeals any provision of an Act,

(i) an order under paragraph 27 or 35 of Schedule 1,

(j) an order under paragraph 25 of Schedule 2,

(k) rules under paragraph 2(4)(a) of Schedule 6, or

(l) an order under paragraph 6 of Schedule 7,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) An order under section 153(5)(b) is to be made by statutory instrument.

(7) An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).