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Enterprise Act 2002

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Enterprise Act 2002, Section 181 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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181 Orders [F1and regulations] under Part 4U.K.
This section has no associated Explanatory Notes

(1)Any power of the Secretary of State to make an order [F2or regulations] under this Part shall be exercisable by statutory instrument.

(2)Any power of the Secretary of State to make an order [F3or regulations] under this Part—

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

(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 [F4131C(1), 136(9), 137(3), 138B(6)], 144(2), 153(3) or 168(8) as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4)An order made by the Secretary of State under section [F5131C(1), 137(3), 138B(6)], 144(2), 158, 160 [F6, 161, [F7174D(4) or (5)] or under section 114(3)(b) or (4)(b) as applied by [F8section 174D] [F8section 174A(10)]], [F9shall be subject to annulment in pursuance of a resolution of either House of Parliament] [F9is subject to the negative procedure].

[F10(4A)Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.]

(5)[F11No order shall be made] [F11An order made] by the Secretary of State under section 136(9) or 168(8), or section 128(6) as applied by section 183(2), [F12unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament] [F12is subject to the affirmative procedure].

[F13(5A)Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.

(5B)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.]

(6)An order made by the Secretary of State under section 153(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.

(7)In calculating the period of 28 days mentioned in subsection (6), 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.

(8)If an order made by the Secretary of State ceases to have effect by virtue of subsection (6), 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.

(9)If, apart from this subsection, an order made by the Secretary of State under section 153(3) 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.

(10)References in this section to an order made under this Part include references to an order made under section F14... 114(3)(b) or (4)(b) as applied by section [F15174D] [F15174A(10)] and an order made under section 128(6) as applied by section 183(2).

[F16(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

F4Words in s. 181(3) substituted (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), s. 103(1)(i)(3), Sch. 12 para. 16(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5Words in s. 181(4) substituted (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), s. 103(1)(i)(3), Sch. 12 para. 16(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6Words in s. 181(4) substituted (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), s. 103(1)(i)(3), Sch. 11 para. 6(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7Words in s. 181(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. 3(5)(a) (with Sch. 19)

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