(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)[F1Subject to subsection (6A),]a statutory instrument which contains an order under section 3(3), 5, 6, [F29N,] 49 [F3, 63(1)(j) ] or 101, or regulations under [F4 section 9BA, 9HE, 9MG or 44], 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.
[F5(6A)Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3), 5 or 6 if the order is made only for the purpose of amending an earlier such order—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]
(7)Subsection (5) does not apply to a statutory instrument which contains an order under section 108.
[F6(7A)If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.]
(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).
Textual Amendments
F1Words in s. 105(6) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.);S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F2Word in s. 105(6) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(2)(a); S.I. 2011/2896, art. 2(h)
F3Words in s. 105(6) inserted (E.W.) (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(5), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)
F4Words in s. 105(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(2)(b); S.I. 2011/2896, art. 2(h)
F5S. 105(6A) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(3); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F6S. 105(7A) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(3); S.I. 2011/2896, art. 2(h)
Marginal Citations