Highways Act 1980

325 Provisions as to regulations, schemes and orders. E+W

(1) The following powers conferred by this Act on a Minister of the Crown are exercisable by statutory instrument:—

(a) all powers to make regulations,

(b) the power to make or confirm schemes under section 16 above, and the power to confirm schemes under section 106(3) above,

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 14, 18, [F2 20,] 26, 27, 108(1), 118, 119, 120 and 124 and paragraph 2 of Schedule 21.

(2) A statutory instrument containing—

(a) regulations made under this Act, other than a statutory instrument containing only regulations made under section [F3 120(3A) or] 257(4) above [F4 or such regulations as are mentioned in subsection (2A) below], or

(b) an order made under section [F5 17 above or] 344(4) below,

is subject to annulment in pursuance of a resolution of either House of Parliament.

[F6 (2A) A statutory instrument containing—

(a) the first regulations for the purposes of section 140A,

(b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or

(c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above, shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.]

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 325(1)(c) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19 Pt. V (with ss. 81(2), 84(5)); S.I. 1991/2067, art. 3

F2 Word in s. 325(1)(d) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch.2

F3 Words in s. 325(2)(a) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2, para. 8; S.I. 1992/3144, arts. 2, 3, Sch.

F4 Words in s. 325(2)(a) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para.14; S.I. 1992/2984, art. 2(2), Sch.2

F5 Words in s. 325(2)(b) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(2)(b), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.

F6 S. 325(2A) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para.14; S.I. 1992/2984, art. 2(2), Sch.2

F7 S. 325(3) omitted (01.11.1991) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(2)(a), (with ss. 25(2), 167(1)); S.I. 1991/2288, art. 3, Sch.