Part XII Supplementary Provisions

Miscellaneous and supplemental

420 Regulations and orders.

(1)

Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power—

(a)

to make different provision for different cases; and

(b)

to make incidental, consequential, supplemental or transitional provision and savings.

(2)

Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument.

(3)

A statutory instrument containing (whether alone or with other provisions) an order under F1any of the following provisions—

F2(za)

section 17A(3) above,

(a)

section 21(1)(b) above,

(b)

section 31 above,

(c)

section 326(1) above,

F3(ca)

section 401A(7),

F4(cc)

section 356B(1) above,

(d)

section 405(1) above,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)

Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 326(1) or 405(1) above making—

(a)

amendments or repeals in an enactment contained in a local and personal or private Act,

(b)

amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or

(c)

provision of any description by virtue of section 405(2) or subsection (1) above in connection with any such amendments, repeals or revocations,

if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.

(5)

A statutory instrument containing regulations under—

(a)

paragraph 16(2) of Schedule 23 to this Act, or

(b)

paragraph 4 or 22(2) of Schedule 24 to this Act,

shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

(6)

A statutory instrument—

(a)

which contains (whether alone or with other provisions)—

(i)

regulations under any provision of this Act specified in subsection (7) below, or

(ii)

an order under any provision of this Act specified in subsection (8) below, and

(b)

which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

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

(7)

The provisions mentioned in subsection (6)(a)(i) above are—

  • any provision contained in Chapters I to IV or VI of Part III of this Act;

  • F5section 189;

  • F6section 243(7);

  • any provision of Part VIII of this Act;

  • section 396(2);

  • F7paragraph 4(1A) of Schedule 16;

  • paragraph 10 of Schedule 17;

  • Schedule 23, other than provisions specified in subsection (5) above;

  • Schedule 24, other than provisions specified in subsection (5) above.

(8)

The provisions mentioned in subsection (6)(a)(ii) above are—

  • section 3(1) or (4);

  • section 25;

  • F8section 34A;

  • F9section 60A(5);

  • section 63;

  • section 157;

  • section 158(4);

  • section 163;

  • section 207;

  • section 235(4);

  • F10...

  • F11section 252E;

  • section 326(1);

  • F12section 361B(10);

  • F13section 376(11);

  • F14section 377A(5);

  • section 395(3);

  • F15section 401A(1)(f);

  • section 405;

  • section 406;

  • section 408;

  • section 411;

  • section 412;

  • section 413;

  • F9 paragraph 8(2) of Schedule 4A;

  • paragraph 7(3) of Schedule 12;

  • paragraph 9(1)(b) of Schedule 17;

  • paragraph 1 of Schedule 28.

(9)

For the purposes of this section, the subordinate legislation which is “subject to affirmative parliamentary procedure” is any subordinate legislation contained in an instrument which was subject—

(a)

to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

(b)

to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,

or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).