Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

For the purposes of subsection (1) “the excepted provisions” are—

• section 349;

• F2...

• section 489(3);

• section 497; and

• section 545.

A statutory instrument containing any order made by the Secretary of State under this Act, other than F3... an order under—

• F4section 354(6), 355(2)(a), 356(2)(c) or 401,

• F5. . .

• section 554,

• section 583(3) or (4), or

• Schedule 40,

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

Any power of the Secretary of State F9or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.

A statutory instrument containing regulations under this Act F10made by the Secretary of State, F11other than one falling within subsection (2A), F12... , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument which contains (whether alone or with other provision) regulations under section F14550ZA(3)(f) or 550ZC(7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations under sections F1629(6A), 332ZC, 332AA, 332BA, 332BB F17, 336, F18397, 444A F19, 444B or (unless subsection (2BA) applies) Chapter 5A F20, or under paragraph 6B or 6C of Schedule 1, made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit F23or the Welsh Ministers think fit.

Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

Subsection (5) does not apply to regulations under section 579(4).

Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, F28. . . or the F27local authority, as the case may be.