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Enterprise Act 2002

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Enterprise Act 2002, Section 124 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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124 Orders and regulations under Part 3U.K.
This section has no associated Explanatory Notes

(1)Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument.

(2)Any power of the Secretary of State to make an order or regulations under this Part—

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

(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.

(3)The power of the Secretary of State under section 34[F1, 59(6A)] [F2, 70G] or 123 (including that power as extended by subsection (2) above) [F3, or paragraph 15 of Schedule 6B,] may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4)The power of the Secretary of State under section [F434ZC(6),] 40(8), [F541B(6),] [F644(11),] 52(8) (including that enactment as applied by section 65(3)), 58(3), F7... [F873B(6)][F9, [F10 94A(6) ]] or 102 as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(5)[F11[F12Regulations made by the Secretary of State under section 68A or]] an order made by the Secretary of State under section 28 (including that enactment as applied by section 42(5) [F13and 59(5)]), [F1434ZC(6),] 40(8), [F1541B(6),] 52(8) (including that enactment as applied by section 65(3)), [F1659(6A)(a),] [F1770C], [F1873B(6)] [F19, [F2094A(3) or (6),] 111(4) or (6)], 114(3)(b) or (4)(b) or 121 or Schedule 7 [F21shall be subject to annulment in pursuance of a resolution of either House of Parliament] [F21is subject to the negative procedure].

[F22(5A)Regulations made under section 68A, 94AB(9) or 111(9) are subject to the negative procedure.]

(6)[F23No order shall be made] [F23An order made] by the Secretary of State under section 34, [F2444(11), [F2559(6A)] [F25section 59(6A)(b)],] F26... 102, 123 or 128(6) [F27unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament] [F27is subject to the affirmative procedure].

[F28[F29(6A)A statutory instrument containing regulations under section 70G or paragraph 15 of Schedule 6B may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]]

[F29Regulations made under section 70G, 94AB(7) or 111(7A), or paragraph 15 of Schedule 6B, are subject to the affirmative procedure.

(6B)Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.]

(7)An order made by the Secretary of State under section 58(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.

(8)In calculating the period of 28 days mentioned in subsection (7), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(9)If an order made by the Secretary of State ceases to have effect by virtue of subsection (7), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.

(10)If, apart from this subsection, an order made by the Secretary of State under section 58(3) [F30or 70G, or paragraph 15 of Schedule 6B] would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

[F31(11)Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(12)Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1Word in s. 124(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F6Word in s. 124(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

F9Word in s. 124(4) omitted (24.5.2024 for specified purposes) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(2) (with Sch. 19)

F10Word in s. 124(4) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 31(3)(a), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F11Words in s. 124(5) omitted (24.5.2024 for specified purposes) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(a) (with Sch. 19)

F19Words in s. 124(5) omitted (24.5.2024 for specified purposes) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(c) (with Sch. 19)

F20Words in s. 124(5) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 31(3)(b), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F24Words in s. 124(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(4) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

Modifications etc. (not altering text)

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