Levelling-up and Regeneration Act 2023

252 Regulations U.K.

(1) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes;

(b) different provision for different areas;

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

(2) A power to make regulations under Chapter 1 of Part 2, in the case of regulations other than regulations under section 13(1) or regulations mentioned in subsection (8)(a) to (c), includes power to make provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.

(3) Regulations under this Act are to be made by statutory instrument.

(4) A statutory instrument containing regulations that fall within subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Regulations fall within this subsection if they contain provision (whether alone or with other provision)—

(a) under Chapter 1 of Part 2, other than provision of the kind mentioned in subsection (8)(a) to (c);

(b) under section 81(6)(b);

(c) under section 132;

(d) under Part 5 other than section 142(1)(a);

(e) under section 217;

(f) under Part 11;

(g) under section 228;

(h) under section 233;

(i) which—

(i) amends or repeals any provision of primary legislation, and

(ii) is not made under section 251 or under section 250 in consequence of regulations under section 251.

(6) A statutory instrument containing regulations which fall within subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8) Regulations fall within this subsection if they contain provision (whether alone or with other provision)—

(a) under section 45(8) or 47(9);

(b) under section 51(1) made only for the purpose mentioned in section 51(5)(b);

(c) under section 51(2) made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;

(d) under section 81, other than section 81(6)(b);

(e) under section 108;

(f) under section 142(1)(a);

(g) under section 187;

(h) under Part 10;

(i) under section 230(2)(a)(vii) or (6)(a);

(j) under section 250;

(k) under section 251.

(9) Subsections (3) to (8) do not apply to regulations under Chapter 1 of Part 3 or Part 6.

(10) Schedule 24 contains provision about regulations made under Chapter 1 of Part 3 or Part 6.

(11) If a draft of a statutory instrument containing regulations under Chapter 1 of Part 2 or section 228 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(12) This section does not apply to regulations under section 255.

(13) In this section “primary legislation” means—

(a) an Act,

(b) an Act or Measure of Senedd Cymru,

(c) an Act of the Scottish Parliament, or

(d) Northern Ireland legislation.

Commencement Information

I1 S. 252 in force at Royal Assent, see s. 255(10)(a)