(1)A power to make an Order in Council or an order or regulations under this Part may be exercised differently in relation to different cases or descriptions of case.
(2)An Order in Council or an order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as the person exercising the power thinks are necessary or expedient.
(3)A power to make an order or regulations under this Part is exercisable by statutory instrument.
(4)In subsections (1) and (3) references to a power to make an order are to a power of the Secretary of State; and in subsection (2) the reference to an order is to an order made by the Secretary of State.
(5)A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section [F111, 19A, 40A,] 51 or 94 [F2, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1 ].
(6)No order is to be made under section 51 [F3, and no regulations are to be made under section 11, 19A or 40A, paragraph 14 of Schedule B1 or paragraph 2 of Schedule C1,] unless a draft has been laid before and approved by resolution of each House of Parliament.
(7)The power to make an order under section 4 is exercisable only after consultation with the CAA, unless the exemption needs to be granted before the coming into force of section 3.
(8)The power to make an order under section 98 is exercisable only after consultation with the CAA.
(9)The power to make regulations under section 6 [F4or 11] is exercisable only after consultation with the CAA.
(10)The power to make an order under section 57 is exercisable only with the Treasury’s consent.
(11)The power to make an order under section 77(5) is exercisable only after consultation with the CAA and holders of licences under Chapter I.
(12)The power to make an order under section 96 is exercisable only after consultation with the trustees of the Civil Aviation Pension Scheme.
(13)If apart from this subsection a draft of an order under section 51 would 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.
Textual Amendments
F1Words in s. 103(5) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(2)(a); S.I. 2021/748, reg. 2(j)
F2Words in s. 103(5) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(2)(b); S.I. 2021/748, reg. 2(j)
F3Words in s. 103(6) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(3); S.I. 2021/748, reg. 2(j)
F4Words in s. 103(9) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(3)-(7), Sch. 7 para. 9(4); S.I. 2021/748, reg. 2(j)
Commencement Information
I1S. 103 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)