Finance Act 1994

74 Orders and regulations. U.K.

(1) The power to make an order under section 61 above shall be exercisable by the Commissioners, and the power to make an order under any other provision of this Part shall be exercisable by the Treasury.

(2) Any power to make regulations under this Part shall be exercisable by the Commissioners.

(3) Any power to make an order or regulations under this Part shall be exercisable by statutory instrument.

(4) An order under section 51A [F1 , 71 or 72] above shall be laid before the House of Commons; and unless it is approved by that House before the expiration of a period of 28 days beginning with the date on which it was made it shall cease to have effect on the expiration of that period, but without prejudice to anything previously done under the order or to the making of a new order.

(5) In reckoning any such period as is mentioned in subsection (4) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than four days.

(6) A statutory instrument containing an order or regulations under this Part (other than an order under section 51A [F2 , 71 or 72] above) shall be subject to annulment in pursuance of a resolution of the House of Commons.

[F3 (6A) Regulations under this Part making provision as to the form and manner in which a notification is to be made, or as to the information to be contained in or provided with a notification, may make such provision by reference to a notice published by the Commissioners from time to time.]

(7) Any power to make an order or regulations under this Part—

(a) may be exercised as regards prescribed cases or descriptions of case;

(b) may be exercised differently in relation to different cases or descriptions of case.

(8) An order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as appear to the Treasury or the Commissioners (as the case may be) to be necessary or expedient.

(9) No specific provision of this Part about an order or regulations shall prejudice the generality of subsections [F4 (6A) to] (8) above.

Textual Amendments

F1 Words in s. 74(4) substituted (8.4.2010) by Finance Act 2010 (c. 13), s. 51(5)

F2 Words in s. 74(6) substituted (8.4.2010) by Finance Act 2010 (c. 13), s. 51(5)

F3 S. 74(6A) inserted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 337(a)

F4 Words in s. 74(9) substituted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 337(b)