(1)Any power to make regulations or orders conferred on the Secretary of State [F1, the National Assembly for Wales] or the Lord Chancellor by this Act shall be exercisable by statutory instrument.
(2)Any such instrument, other than one made [F2by the Assembly or] under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No order shall be made under section 34 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(4)The provisions mentioned in subsection (2) are—
(a)sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);
(b)paragraph 18 of Schedule 5;
(c)paragraph 1(3) of Schedule 13; and
(d)paragraphs 12 and 18 of Schedule 17.
(5)Any regulations or order made under this Act may—
(a)make such supplemental, incidental, consequential or transitional or saving provision as the [F3person making the regulations or order] considers appropriate; and
(b)make different provision for different cases or classes of case or for different localities.
(6)Any power of the Secretary of State to give a direction under this Act shall—
(a)include power to make different provision for different cases, including different provision for different localities and for different bodies; and
(b)shall be exercised in writing.
Subordinate Legislation Made
P1S. 63(5) power partly exercised: 25.10.1994 appointed for specified provisions by S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))
S. 63(5) power partly exercised: 20.3.1995 appointed for specified provisions by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))
S. 63(5) power partly exercised: 3.4.1995 appointed for specified provisions by S.I. 1995/852, arts. 3(1), 4(1), 5, 6(1), 7, 8, 9, Schs. 1-5 (subject to arts. 3(2)-(3), 4(2)-(6), 6(2)-(5), 9(2)-(5))
S. 63(5) power partly exercised: 1.10.1995 appointed for specified provisions by S.I. 1995/2490, arts. 3(1), 4(1), 5(1), Schs. 1-3 (subject to arts. 3(2)-(4), 4(2)(3), 5(2)-(6))
S. 63(5) power partly exercised: 1.1.1996 and 1.4.1996 appointed for specified provisions by S.I. 1995/3198, arts. 3-6(1)(3), Schs. 1-5 (subject to art. 6(2))
Textual Amendments
F1Words in s. 63(1) inserted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(2); S.I. 2003/3034, art. 2(1), Sch. Pt. 1
F2Words in s. 63(2) inserted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(3); S.I. 2003/3034, art. 2(1), Sch. Pt. 1
F3Words in s. 63(5)(a) substituted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(4); S.I. 2003/3034, art. 2(1), Sch. Pt. 1