Part VI Supplemental

105 Orders and regulations.

1

Any power to make an order or regulations under this Act is exercisable by statutory instrument.

2

Any order or regulations under this Act—

a

may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,

b

may make different provision for different cases, authorities or descriptions of authority.

3

The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).

4

The power under subsection (3) to modify an enactment is a power—

a

to apply that enactment with or without modifications,

b

to extend, disapply or amend that enactment, or

c

to repeal or revoke that enactment with or without savings.

5

Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

6

A statutory instrument which contains an order under section 3(3), 5, 6, 49 or 101, or regulations under section 11(5), 31(1)(b), 32, 44 or 45, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

7

Subsection (5) does not apply to a statutory instrument which contains an order under section 108.

8

In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).