(1)Any power to make orders [F1, rules] or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall [F2, unless it is a PCT order [F3or an instrument made by the National Assembly for Wales] ,] be subject to annulment in pursuance of a resolution of either House of Parliament.
This subsection—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)does not apply to [F5an order made under section 28EE(2) [F6or section 84A] above, paragraph 20, 21 or 23 of Schedule 5A to this Act [F7, paragraph 19, 20 or 22 of Schedule 5B 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 [F8or 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 [F8or 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 [F9or by virtue of] any provision of this Act [F8or 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.
[F10(3A)Directions given by the Secretary of State [F11or by a [F12Strategic Health Authority or] Health Authority] in pursuance of any provision of this Act or Part I of the M1National Health Service and Community Care Act 1990 shall be given by an instrument in writing.
(3B)In relation to directions given in pursuance of [F13section 16BB or] sections [F1416D to 17B] above section 18 above applies in place of subsections (3) and (3A) above.]
[F15(3C)Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2National Health Service and Community Care Act 1990 shall comply with the directions.]
(4)Any power conferred by this Act [F8or Part I of the National Health Service and Community Care Act 1990] to make orders [F16, rules], regulations or schemes, and any power conferred by [F17section 16BB, 18][F18or 19A(7)] 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 [F8or 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 [F19supplementary, incidental, consequential, transitory, transitional or saving] provision in the orders [F16, rules], 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 [F8or Part I of the National Health Service and Community Care Act 1990] )
[F20(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 [F21(other than a power to make rules)] may make different provision for different areas.]
Textual Amendments
F1Word in s. 126(1) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(a) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002.1919, {art. 3(1)} (subject to art. (2))
F2Words in s. 126(1) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F3Words in s. 126(1) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3)(a)(i), 42(3); S.I. 2002/2532, art. 2, Sch.
F4S. 126(1)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 5 (with Sch. 2 para. 6)
F5Words in s. 126(1)(b) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F6Words in s. 126(1) inserted (1.8.2001 for E. and 17.3.2003 for W.) by 2001 c. 15, ss. 13(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a); S.I. 2003/713, art. 2
F7Words in s. 126(1)(b) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3)(a)(ii), 42(3); S.I. 2002/2532, art. 2, Sch.
F8Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)
F9Words 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.
F10S. 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)
F11Words in s. 126(3A) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F12Words in s. 126(3A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 32; S.I. 2002/2478, {art. 3(1)(c}
F13Words in s. 126(3B) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), {ss. 6(3)(b}, 42(3); S.I. 2002/2532, art. 2, Sch.
F14Words in s. 126(3B) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(4); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F15S. 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
F16Words in s. 126(4) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(b) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1) (subject to art. 3(2))
F17Words in s. 126(4) substituted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), {ss. 6(3)(c}, 42(3); S.I. 2002/2532, art. 2, Sch.
F18Words in s. 126(4) inserted (10.10.2002 for W. and 1.9.2003 in so far as not in force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 10(a); S.I. 2002/2532, art. 2, Sch.; S.I. 2003/2246, art. 2(b)
F19Words 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
F20S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)
F21Words in s. 126(5) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(d) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1) (subject to art. 3(2))
Modifications etc. (not altering text)
C1S. 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)
C2S. 126(4)(5) applied (3.8.1999 for E. and W. and otherwise 1.10.1999) by 1999 c. 8, ss. 62(4)(5), 67; S.I. 1999/2177, art. 2(1); S.S.I. 1999/90, art. 2(a), Sch. 1
C3S. 126(4)(5) extended (28.6.1995) by 1995 c. 17, s. 6(6) (with Sch. 2 para. 6)
Marginal Citations