[F11(1)The powers conferred by section 2(2) of this Act to make provision for the purposes mentioned in section 2(2) (a) and (b) shall not include power—U.K.
(a)to make any provision imposing or increasing taxation; or
(b)to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision; or
(c)to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal; or
(d)to create any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than [F2level 5 on the standard scale] (if not calculated on a daily basis) or with a fine of more than [F3£100 a day].
(2)Sub-paragraph (1)(c) above shall not be taken to preclude the modification of a power to legislate conferred otherwise than under section 2(2), or the extension of any such power to purposes of the like nature as those for which it was conferred; and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of sub-paragraph (1)(c).]
Textual Amendments
F1Act repealed (31.1.2020 at 11.00 p.m. subject to savings for implementation period in ss. 1A, 1B of the repealing Act) by European Union (Withdrawal) Act 2018 (c. 16), ss. 1, 25(4) (with savings relating to retention of existing EU law in ss. 2-7, Sch. 1, Sch. 8 para. 37) (as amended by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 1, 2, 25, 36(c), 42(7), Sch. 5 para. 55; S.I. 2020/75, reg. 4); S.I. 2019/1198, reg. 2)
F2Words substituted: (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G; and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6
F3Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 32(3)
Modifications etc. (not altering text)
C1Sch. 2 para. 1(1)(a)(c)(d) excluded (5.11.1993) by 1993 c. 51, s. 2(4)
C2Sch. 2 para. 1(1)(c) excluded (20.6.2003) by 2002 c. 40, ss. 209(8), 279; S.I. 2003/1397, art. 2, Sch.
C3Sch. 2 para. 1(1)(d) excluded (27.9.1993) by 1993 c. 36, s. 70(2)
Sch. 2 para. 1(1)(d) excluded (30.11.2000) by 2000 c. 37, s. 81(2)
C4Sch. 2 para. 1(1)(d) excluded (20.11.2003) by Criminal Justice Act 2003 (c. 44), ss. 307(2)(3), 336
C5Sch. 2 para. 1(1)(d) excluded (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(1), 182(1)(c) (with s. 180)
C6Sch. 2 para. 1(1)(d) excluded (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 75, 103(1)
C7Sch. 2 para. 1(1)(d) excluded (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 78, 103(1)
C8Sch. 2 para. 1(1)(d) applied (with modifications) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 144, 183(3)(5)(e)
C9Sch. 2 para. 1(1)(d) applied (with modifications) (31.1.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 144, 183(3)(5)(e); S.I. 2017/482, reg. 2