166 Regulations and orders.U.K.
(1)Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.
(2)But subsection (1) does not apply in relation to [F1orders made under section 90(1),] rules made under paragraph 1 of Schedule 5 or immigration rules.
(3)Any statutory instrument made as a result of subsection (1) may—
(a)contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;
(b)make different provision for different cases or descriptions of case; and
(c)make different provision for different areas.
(4)No order is to be made under—
(a)section 20,
(b)section 21,
(c)section 31(10),
(d)section 86(2),
(e)[F2section 96(5),]
(f)section 97(3),
(g)section 143(15), or
(h)paragraph 4 of Schedule 5,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(5)No regulations are to be made under—
[F3(za)section 4(5),]
(a)section 9,
(b)section 46(8);
(c)section 53, or
(d)section 144,
unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(6)Any statutory instrument made under this Act, apart from one made—
(a)under any of the provisions mentioned in subsection (4) or (5), or
(b)under section 24(3) [F4, 24A(3)] or 170(4) or (7),
shall be subject to annulment by a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 166(2) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 41(5), 48(3); S.I. 2004/2523, art. 2, Sch.
F2S. 166(4)(e) ceased to have effect (7.11.2002) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 61(b), 161, 162(1)(2), Sch. 9 (with s. 159)
F3S. 166(5)(za) inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(2), 48(3) (with s. 10(6)); S.I. 2004/2999, art. 2, Sch.
F4Word in s. 166(6)(b) inserted (15.4.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 163; S.I. 2005/1112, art. 2, Sch. 1