Medical Act 1983, Section 45E is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument.
(2)Before making any regulations under section 45A, the Secretary of State must consult—
(a)the Scottish Ministers, if the regulations extend to Scotland, and
(b)the Welsh Ministers, if the regulations apply to Wales.
(3)A statutory instrument that—
(a)contains regulations made by the Secretary of State under section 45A, and
(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5)The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(6)A statutory rule that—
(a)contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and
(b)is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly,
is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(7)The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(8)Regulations under section 45A may make different provision for different cases.]
Textual Amendments
F1Pt. 5A inserted (21.7.2008 for specified purposes, 1.4.2010 for E.W.S.) by Health and Social Care Act 2008 (c. 14), ss. 119, 170; S.I. 2010/708, art. 3(a)
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