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.