62 Regulations and orders.U.K.
(1)Any power to make regulations or an order under this Act is exercisable by statutory instrument [F1F2. . . ].
[F3(2)Directions under section 20 or 28 or Schedule 2, or by virtue of section 38(1)(b), are to be given by an instrument in writing.]
(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsections [F5(7) and (8) of section 272 of the National Health Service Act 2006, and subsections (9) and (10) of section 203 of the National Health Service (Wales) Act 2006](supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations F6. . . as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section.
(5)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)Subsection (6) does not apply to—
(a)an order under section 63 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or
(b)an order under section 67.
[F8(8)No order is to be made under section 37(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.]
(9)No recommendation is to be made to Her Majesty to make an Order in Council under section 60 unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(10)But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty to make the Order unless a draft—
(a)has been laid before, and approved by resolution of, each House of Parliament, and
(b)has been laid before, and approved by resolution of, the Scottish Parliament.
(11)No recommendation is to be made to Her Majesty to make an Order in Council under section 61 unless a draft—
(a)has been laid before, and approved by resolution of, each House of Parliament, and
(b)has been laid before, and approved by resolution of, the Scottish Parliament.
Textual Amendments
F1Words in s. 62(1) inserted (1.8.2001 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 48(3), 70(2) (with ss. 64(a), 65(4)); S.I. 2001/2804, art. 2(1)(a); S.I. 2004/1754, art. 2(2)(a)
F2Words in s. 62(1) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
F3S. 62(2) repealed by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 6, Sch. 4 (with Sch. 2 Pt. 1), the repeal coming into force for certain purposes at 1.3.2007 and otherwise in accordance with s. 8(2)(7) of the repealing Act
F4S. 62(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
F5Words in s. 62(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 197 (with Sch. 3 Pt. 1)
F6Words in s. 62(4) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
F7S. 62(5) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
F8S. 62(8) repealed by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 6, Sch. 4 (with Sch. 2 Pt. 1), the repeal coming into force in accordance with s. 8(2)(8) of the repealing Act