(1)The Secretary of State may make regulations generally for the purpose of carrying into effect the provisions of this Act F1. . ..
(2)Regulations under this Act—
(a)may make different provision for different cases or circumstances, and
(b)may contain such incidental, consequential and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations.
(3)Regulations under this Act (other than regulations under section 26 or 27)—
(a)may make different provision for different parts of the United Kingdom, and
(b)may provide for exemptions from any provision of the regulations.
(4)Nothing in any other provision of this Act limits subsections (1) to (3).
(5)Regulations under sections 20(4), 22, 23(4) and (5), 24(1) to (3) and 28 may provide that any document for which provision is made by the regulations—
(a)is to be in such form, and
(b)is to contain such particulars,
as may be specified by a person prescribed by the regulations.
(6)Any power to make regulations under this Act is exercisable by statutory instrument.
(7)A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
[F2(7A)Subsection (7) does not apply to a statutory instrument containing regulations under section 7A to which subsection (6) of that section applies.]
(8)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 57(7A) inserted (30.11.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 16; S.I. 2003/3086, art. 2(b)
F3S. 57(8) repealed (24.7.2002) by Finance Act 2002 (c. 23), ss. 20(2)(b), 141, Sch. 40 Pt. 1(5)
(1)Any fee prescribed by regulations under section 7(6)(b) [F4, 14(4)(b) or 19C(2)] , and any charge prescribed by regulations under section 25(1), shall be of an amount approved by the Treasury.
(2)Section 128 of the M1Finance Act 1990 (power to provide for repayment of fees and charges) applies to any power under this Act to make provision for payment of a fee or charge as it applies to any power to make such provision conferred before that Act was passed.
Textual Amendments
F4Words in s. 58(1) substituted (22.7.2004 with effect as mentioned in s. 18(4) of the amending Act) by Finance Act 2004 (c. 12), s. 18(3)
Marginal Citations
(1)A person who contravenes or fails to comply with any regulations under this Act (other than any regulations under section 24, 26, 27 or 28) is guilty of an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding—
(a)in the case of regulations prescribed by regulations made by the Secretary of State as regulations to which this paragraph applies, level 3 on the standard scale, and
(b)in any other case, level 2 on the standard scale.
(3)The prescribing of regulations as regulations to which subsection (2)(a) applies does not affect the punishment for a contravention of, or failure to comply with, the regulations before they were so prescribed.
(4)Regulations under section 24 or 28 may provide that a person who contravenes or fails to comply with any specified provision of the regulations is guilty of an offence.
(5)A person guilty of such an offence is liable on summary conviction to a fine not exceeding—
(a)in the case of regulations under section 24, level 1 on the standard scale, and
(b)in the case of regulations under section 28, level 3 on the standard scale.
[F5(6)The Secretary of State may, if he sees fit, compound any proceedings for an offence—
(a)under subsection (1), or
(b)under regulations under section 24 or 28.]
Textual Amendments
F5S. 59(6) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 15
Modifications etc. (not altering text)
C1S. 59(2)(a) applied (1.9.2001) by S.I. 2001/561, reg. 11(4)
(1)Any power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.
(2)A statutory instrument containing an order under section 3(3) [F6, paragraph 18(4) of Schedule 1] or paragraph 8 of Schedule 4 is subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No order is to be made under paragraph 5(5) of Schedule 1 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
Textual Amendments
F6Words in s. 60(2) inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Sch. 4 Pt. IV paras. 25, 29