(1)Any power of the Secretary of State to make any F1. . . order under this Act shall be exercised by statutory instrument.
(2)A statutory instrument containing any F1. . . order under section F2. . . 61(1) or (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No F1. . . order shall be made under—
(a)section F3. . ., [F417(7),] 18(5), 42(2) or 44(5), F5. . .
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unless a draft of the F1. . .order has been laid before, and approved by a resolution of, each House of Parliament.
(4)Any F1. . . order made by the Secretary of State 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.
[F6(5)Any power of the Department of Justice in Northern Ireland to make an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(6)No order shall be made by the Department of Justice under section 44(5) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (3) above shall not apply to the making of any order by the Department of Justice).
(7)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
(8)Any order made by the Department of Justice 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 Department of Justice thinks fit.]
Subordinate Legislation Made
P1S. 64(4) power partly exercised (13.11.2000): 4.12.2000 appointed for specified provisions by S.I. 2000/3075, art. 2
S. 64(4) power partly exercised (29.7.2000): 4.9.2000 appointed for specified provisions by S.I. 2000/2091, art. 2
Textual Amendments
F1Words in s. 64 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F2Words in s. 64(2) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F3Word in s. 64(3) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F4Word in s. 64(3)(a) inserted (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. 99(3), 182(5) (with s. 180, Sch. 22 para. 23); S.I. 2011/1452, art. 2(a)
F5S. 64(3)(b) and the word preceding it repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F6S. 64(5)-(8) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 44 (with arts. 28-31)