Part III Miscellaneous and general

Supplemental

69 Orders and regulations etc.

1

Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . F1 or paragraph 23 or 24 of Schedule 4, shall be exercisable by statutory instrument; and any statutory instrument made in pursuance of this subsection, except an instrument containing only regulations under paragraph 8(2) of Schedule 3 or an order under section 1(6), 26, 46, , F1 72(2) or 73(2), or paragraph 11(2) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

A statutory instrument containing regulations under subsection (4) of section 5 or an order under section 34 of this Act shall not be subject to annulment as aforesaid, but no such regulations or order shall be included in a statutory instrument containing provisions which do not require approval in pursuance of the said subsection (4) or, as the case may be, to which subsection (7) of the said section 34 does not apply.

3

An order made or directions given by the Secretary of State under any provision of this Act, except an order under section 7(5), may be revoked or varied by a subsequent order or subsequent directions under that provision.

4

Any order or regulations made by the Secretary of State under this Act may—

a

make different provision for different circumstances;

b

provide for exemptions from any provisions of the order or regulations; and

c

contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order or regulations.

F25

The power conferred by subsection (4)(c) of this section shall be construed in its application to orders under section 73(2) of this Act as authorising the inclusion in any such order of a provision directing that—

a

the words “child or” wherever occurring in section 55 of the M1Children and young Persons Act 1933 (power to order parent or guardian to pay fine etc. ); and

b

the words from “except” to the end of section 17(4) of the M2Criminal Justice Act 1982 (limit of aggregate number of hours for which an attendance centre order may require an offender under 14 years of age to attend at an attendance centre),

shall cease to have effect on a day specified in the order.