81 Orders.E+W+S
(1)Any power of the [F1Minister or the Secretary of State] to make orders under the provisions of this Act (except section . . . F227, . . . F3F4. . . ) shall be exercisable by statutory instrument.
(2)An order made by the [F1Minister or the Secretary of State] under the preceding provisions of this Act (except sections [F521A,] . . . F227, . . . F3, F6. . . and 80(1)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F7(2A)An order under section 21A(5) may not be made unless—
(a)the [F8Minister] has consulted the Commission, and
(b)a draft has been laid before and approved by resolution of each House of Parliament.]
[F9(2B)An order under section 76A(3)(i) or (4)(e) may not be made unless the [F8Minister] has consulted the Commission.]
[F10(2C)An order under section 76C(3) or (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]
(3)Subsections (1) and (2) do not apply to an order under section 78 or 79, but—
(a)an order under section 78 which modifies an enactment, and
(b)any order under section 79 other than one which relates to an endowment to which section [F11115 of the Education (Scotland) Act 1980](small endowments) applies,
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4)An order under this Act may make different provision in relation to different cases or classes of case, may exclude certain cases or classes of case, and may contain transitional provisions and savings.
(5)Any power conferred by this Act to make orders includes power (exercisable in the like manner and subject to the like conditions) to vary or revoke any order so made.
Textual Amendments
F1Words in s. 81(1)(2) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 8
F2 “14(2)(d),” repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II
F3 “47(4)(b)” repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9, Sch. Pt. I
F4Words in s. 81(1) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 17(a), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F5Words in s. 81(2) inserted (6.4.2007) by Equality Act 2006 (c. 3), ss. 83(3)(a), 93 (with s. 92); S.I. 2006/1082, art. 4(a)
F6Words in s. 81(2) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 17(b), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F7S. 81(2A) inserted (6.4.2007) by Equality Act 2006 (c. 3), ss. 83(3)(b), 93 (with s. 92); S.I. 2006/1082, art. 4(a)
F8Words in s. 81(2A)(2B) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 6(h)
F9S. 81(2B) inserted (6.4.2007) by Equality Act 2006 (c. 3), ss. 84(2), 93 (with s. 92); S.I. 2006/1082, art. 4(b)
F10S. 81(2C) inserted (6.4.2007) by Equality Act 2006 (c. 3), ss. 85(2), 93 (with s. 92); S.I. 2006/1082, art. 4(b)
F11Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 10