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Education Act 1980
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35 Orders and regulations. X1E+W+N.I.
(1)Any power of the Secretary of State to make orders or regulations under this Act [F1(other than orders under section 2(11)(b))] shall be exercisable by statutory instrument.
(2)No regulations shall be made under section 17(6) above unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
(3)Any statutory instrument containing regulations under any provision of this Act other than section 17(6),or an order under section 15(8) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Regulations under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks fit.
(5)Without prejudice to subsection (4) above, regulations under any provision of this Act other than section F2 section 38(5) may make in relation to Wales provision different from that made in relation to England.
Editorial Information
X1S. 35 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5
Subordinate Legislation Made
P1S. 35(4): s. 17(6) (with s. 35(4)) power exercised (E.W.) by S.I. 1991/1767.
Textual Amendments
F1Words repealed (E.W.) by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(7), Sch. 6 Pt. I
F2Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
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