Miscellaneous and supplemental

52 Regulations and orders.

(1)

Any power conferred on F1... the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.

F2(2)

No statutory instrument containing (whether alone or with other provisions) regulations made under—

(a)

section F3... 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), 41(2), 41A, 41B(6), 43(1), 44(2A)(d) F3... or 47;

(b)

paragraph 3(2) or 10A(1) of Part I of Schedule 1; or

(c)

Schedule 4B,

or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

(2A)

No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10(1) of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

(3)

Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Any power of a kind mentioned in subsection (1) may be exercised—

(a)

in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;

(b)

so as to make, as respects the cases in relation to which it is exercised—

(i)

the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

(ii)

the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;

(iii)

provision which is either unconditional or is subject to any specified condition;

(c)

so to provide for a person to exercise a discretion in dealing with any matter.