Police and Justice Act 2006

49 Orders and regulations U.K.

(1) Subsections (2) to (5) apply to any power to make an order or regulations that is conferred by this Act on—

(a) the Secretary of State, [F1 or]

(b) the Registrar General, F2 ...

(c) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsections (2) and (3) also apply to any power to make an order that is conferred by this Act on the Scottish Ministers or the National Assembly for Wales.

(2) The power is exercisable by statutory instrument.

(3) The power may be exercised so as—

(a) to make different provision for different purposes or different areas;

(b) to make provision generally or for specified cases or circumstances;

(c) to make incidental, supplemental, consequential, saving or transitional provision.

(4) A statutory instrument containing an order or regulations made under any power to which this subsection applies, other than—

(a) an order to which subsection (5) applies, or

(b) an order under section 53,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) A statutory instrument containing—

(a) an order under paragraph 48 of Schedule 1, or

(b) an order that includes provision made by virtue of section 51(3)(b)(i) or (ii),

may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

(7) A statutory instrument containing an order under section 51 made by the Scottish Ministers, other than an order to which subsection (8) applies, is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) A statutory instrument containing an order under section 51 made by the Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) of that section may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

[F3 (9) The power of the Department of Justice in Northern Ireland to make an order under section 13(1)(d) [F4 or paragraph 48 of Schedule 1] is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (3) above applies in relation to the power as it applies in relation to a power mentioned in subsection (1) above.

(10) An order made by the Department of Justice under section 13(1)(d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

[F5 (11) No order may be made by the Department of Justice in Northern Ireland under paragraph 48 of Schedule 1 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(12) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) 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. 49(1)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 81(2)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(u)

F2 S. 49(1)(c) and preceding word repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 81(2)(b), Sch. 28 Pt. 8; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 48(u), 50(7)(b)

F3 S. 49(9)(10) 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. 14 para. 90(3) (with arts. 28-31)

F4 Words in s. 49(9) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 13(2) (with arts. 24-28)

F5 S. 49(11)(12) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 13(3) (with arts. 24-28)