Serious Organised Crime and Police Act 2005

172 Orders and regulations U.K.

(1) Any power of the Secretary of State to make an order or regulations under this Act, and any power of the Scottish Ministers to make an order under this Act, is exercisable by statutory instrument.

(2) Any such power—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate (or, in the case of an order made by the Scottish Ministers, as they consider appropriate).

(3) Subject to subsections (4) and (5), orders or regulations made by the Secretary of State under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to any order under section F1 ... 161(4) or 178.

(5) Subsection (3) also does not apply to—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any order under section 61(4);

(d) any order under section 76(4);

(e) [F3 any order under section 82(6);]

(f) any order under section 87(5);

(g) any order under section 89(5);

F4 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) any order under section 97(1) [F5 or (1ZB)];

(j) any order under section 146(6), 148(4) or 149;

(k) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Secretary of State (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) Subject to subsections (7) and (8), orders made by the Scottish Ministers under this Act are to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7) Subsection (6) does not apply to any order under section 178.

(8) Subsection (6) also does not apply to—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any order under section 61(5);

(c) any order under section 77(4);

(d) any order under section 87(6);

(e) any order under section 89(6);

(f) any order under section 96(1);

(g) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Scottish Ministers (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.

[F7 (9) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(10) Any such power—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

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

(11) Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(12) Subsection (11) does not apply to any order under section 178.

(13) Subsection (11) also does not apply to—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any order under section 87(6A);

(c) any order under section 89(6A);

(d) any order under section 97(1A) [F9 or (2A)];

(e) any order under section 173 which amends or repeals any provision of an Act,

and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(14) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

Textual Amendments

F1 Word in s. 172(4) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(2); S.I. 2013/1682, art. 3(v)

F2 S. 172(5)(a)(b) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(3); S.I. 2013/1682, art. 3(v)

F3 S. 172(5)(e) repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(5), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F4 S. 172(5)(h) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 108(3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 172(5)(i) inserted (E.W.N.I.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 40(5)(a), 88(1); S.I. 2015/820, reg. 3(m)

F6 S. 172(8)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(4); S.I. 2013/1682, art. 3(v)

F7 S. 172(9)-(14) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 24 (with arts. 28-31)

F8 S. 172(13)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(5); S.I. 2013/1682, art. 3(v)

F9 Words in s. 172(13)(d) inserted (E.W.N.I.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 40(5)(b), 88(1); S.I. 2015/820, reg. 3(m)