146(1)Any power under this Schedule to make regulations shall be exercisable by statutory instrument.U.K.
(2)A statutory instrument that—
(a)contains regulations made under this Schedule, and
(b)is not subject to a requirement that a draft of the instrument be laid before Parliament and approved by a resolution of the House of Commons,
shall be subject to annulment in pursuance of a resolution of the House of Commons.
(3)A statutory instrument that contains (whether alone or with other provisions) regulations under paragraph 3(3), 14(3), 15(4)(a), 16, 18(2), [F118A, ] 52, 113(1), 148(4), 149 or 151(2) (regulations made by the Treasury) shall not be made unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of the House of Commons.
(4)Where regulations under this Schedule made by the Commissioners impose a relevant requirement on any person, they may provide that if the person fails to comply with the requirement he shall be liable, subject to sub-paragraph (5), to a penalty of £250.
(5)Where by reason of any conduct—
(a)a person is convicted of an offence (whether under this Act or otherwise), or
(b)a person is assessed to a penalty under paragraph 98,
that person shall not by reason of that conduct be liable also to a penalty under any regulations under this Schedule.
(6)In sub-paragraph (4) “relevant requirement” means any requirement other than one the penalty for a contravention of which is specified in paragraph 41(3), 114(3) or 125(6).
(7)A power under this Schedule to make any provision by regulations—
(a)may be exercised so as to apply the provision only in such cases as may be described in the regulations;
(b)may be exercised so as to make different provision for different cases or descriptions of case; and
(c)shall include power by the regulations to make such supplementary, incidental, consequential or transitional provision as the authority making the regulations may think fit.
Textual Amendments
F1Word in Sch. 6 para. 146(3) inserted (10.7.2003) by Finance Act 2003 (c. 14), s. 188(2)(c)