National Health Service Act 1977

126 Orders and regulations, and directions. E+W+S

(1) Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall [F1 , unless it is a PCT order,] be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) does not apply to [F3 an order made under section 28EE(2) [F4 or section 84A]above, paragraph 20, 21 or 23 of Schedule 5A to this Act or to] paragraph 10 of Schedule 11 to this Act.

(2) Any power to make regulations conferred on the Secretary of State by this Act [F5 or Part I of the National Health Service and Community Care Act 1990] is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

(a) regulations made under section 32 above;

(b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act [F5 or Part I of the National Health Service and Community Care Act 1990] in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c) regulations made under paragraph 2(2) of that Schedule;

(d) regulations made under paragraph 2(6) of that Schedule.

(3) Where under [F6 or by virtue of] any provision of this Act [F5 or Part I of the National Health Service and Community Care Act 1990]—

(a) power to make an order may be exercisable, or

(b) directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

[F7 (3A) Directions given by the Secretary of State [F8 or by a Health Authority] in pursuance of any provision of this Act or Part I of the M1 National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

(3B) In relation to directions given in pursuance of sections [F9 16D to 17B] above section 18 above applies in place of subsections (3) and (3A) above.]

[F10 (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2 National Health Service and Community Care Act 1990 shall comply with the directions.]

(4) Any power conferred by this Act [F5 or Part I of the National Health Service and Community Care Act 1990] to make orders, regulations or schemes, and any power conferred by section 18 above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

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

(b) 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 [F5 or Part I of the National Health Service and Community Care Act 1990] or that section,

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

and includes power to make such [F11 supplementary, incidental, consequential, transitory, transitional or saving] provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act [F5 or Part I of the National Health Service and Community Care Act 1990] ).

[F12 (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection may make different provision for different areas.]

Textual Amendments

F1 Words in s. 126(1) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F2 S. 126(1)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 5 (with Sch. 2 para. 6)

F3 Words in s. 126(1)(b) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F4 Words in s. 126(1) inserted (1.8.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 13(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)

F5 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F6 Words in s. 126(3) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 para. 27; S.I. 1997/1780, art. 2(1), Sch.

F7 S. 126(3A)(3B) substituted (28.6.1995 for certain purposes and otherwise 1.4.1996) for the second sentence of (3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 57 (with Sch. 2 para. 6)

F8 Words in s. 126(3A) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F9 Words in s. 126(3B) substituted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(4); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F10 S. 126(3C) inserted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F11 Words in s. 126(4) substituted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(6); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F12 S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

Modifications etc. (not altering text)

C1 S. 126 applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(5A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 para. 6)

C2 S. 126(4)(5) extended (28.6.1995) by 1995 c. 17, s. 6(6) (with Sch. 2 para. 6)

C3 S. 126(4) extended by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(3)

Marginal Citations

M1 1990 c. 19.

M2 S.I. 1990 c.19.