Part VIII General
123 Orders and regulations.
1
An order or regulations made by the Secretary of State under this Act—
a
shall be made by statutory instrument,
b
may contain savings and transitional provisions, and
c
may make different provision for different purposes.
2
Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—
a
section 4(3);
b
section 24(2)(e);
F1ba
section 63C(3)(d);
c
section 72;
d
section 79(5);
e
section 80(9);
F2f
section 97(1) or (3);
g
section 100(1)(b);
h
section 119(1) or (2);
i
paragraph 52(1)(a) or (b) of Schedule 4;
j
paragraph 17(4) of Schedule 7;
k
paragraph 3(1)(b) of Schedule 8;
l
paragraph 19 of Schedule 8.
3
In the cases of—
a
the first order to be made under paragraph 17(4) of Schedule 7, and
b
the first order to be made under paragraph 19 of Schedule 8,
the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).
4
An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—
a
section 3(3);
b
section 53(2);
c
section 65(3);
d
section 96;
e
section 101(4);
f
section 112(2);
g
paragraph 2(2) of Schedule 1;
h
paragraph 6(2) or 7(3) of Schedule 6;
i
paragraph 16 of Schedule 7;
j
paragraph 3(2) of Schedule 8;
k
paragraph 4(4) of Schedule 8;
l
paragraph 4(1)(e) of Schedule 14;
m
paragraph 7(3) of Schedule 14.
5
An order or regulations under a provision mentioned in subsection (4), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
a
shall contain a declaration of the Secretary of State’s opinion, and
b
shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
6
For the purposes of subsection (5)—
a
a code of practice or revised code to which an order relates shall cease to have effect together with the order,
b
an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
c
the period of 40 days shall be computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946.
7
An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.
8
Subsection (1)(a) does not apply to an order made—
a
under section 94,
F3b
by virtue of paragraph 36 of Schedule 4, or
c
under or by virtue of any of paragraphs 19 to 21 of Schedule 5.
9
Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.