National Health Service (Wales) Act 2006

203 Orders, regulations and directions E+W

(1) This section does not apply to Part 10 (as to which, see section 157).

(2) Subject to subsection (3), any power under this Act to make an order or regulations is exercisable by statutory instrument.

(3) Subsection (2) does not apply to an order under—

(a) section 26(2),

(b) section 159(4),

(c) paragraph 20, 21, 22 or 24 of Schedule 2,

(d) paragraph 9, 27 or 29 of Schedule 3, or

(e) paragraph 2 of Schedule 12.

(4) Subject to subsections (5) to (7), a statutory instrument made by virtue of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) Subsection (4) does not apply to a statutory instrument containing an order under—

(a) section 18,

(b) Schedule 3, or

(c) paragraph 1(1) of Schedule 4.

(6) A statutory instrument containing an order under section 141(4) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

[F1 (6A) A statutory instrument containing [F2 regulations under [F3 section 10A(1),] section 25B(3)(c) or] the first regulations under section 82A (pharmaceutical needs assessments) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.]

(7) If a statutory instrument made by virtue of this Act, which is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

(a) contains subordinate legislation made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b) contains subordinate legislation relating to an English border area, or

(c) contains subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales),

the statutory instrument is subject also to annulment in pursuance of a resolution of either House of Parliament.

(8) In subsection (7), “English border area” and “cross-border body” have the meaning given by the Government of Wales Act 2006 (c. 32).

(9) Any power under this Act to make orders, regulations or schemes, and any power to give directions—

(a) may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b) may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition, and

(c) may, in particular, make different provision for different areas.

(10) Any such power includes power—

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including, in the case of a power to make an order or regulations, provision amending, repealing or revoking enactments) as the person or body exercising the power considers to be expedient, and

(b) to provide for a person to exercise a discretion in dealing with any matter.

Textual Amendments

F1 S. 203(6A) inserted (1.4.2019) by Public Health (Wales) Act 2017 (anaw 2), ss. 111(2), 126(2); S.I. 2019/829, art. 2

F2 Words in s. 203(6) inserted (21.1.2021) by Nurse Staffing Levels (Wales) Act 2016 (anaw 5), ss. 1(2), 2(1); S.I. 2021/61, art. 2

F3 Words in s. 203(6A) inserted (6.2.2024) by Health Service Procurement (Wales) Act 2024 (asc 1), ss. 3(3), 4

Modifications etc. (not altering text)

C1 S. 203(4)-(8) excluded (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 5, 8(2), Sch. 3 para. 10(5) (with Sch. 3 Pt. 1)

C2 S. 203(9)(10) applied (1.3.2007) by 2006 c. 28, s. 70(3) (as substituted by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 285 (with Sch. 3 Pt. 1))

C3 S. 203(9) applied by 2007 c. 18, s. 42(5C) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(3), 306(1)(d), (4); S.I. 2013/160, art. 2(2) (with arts. 7-9))