197 Part III: regulations and orders.E+W
(1)Any power to make regulations under this Part—
(a)is exercisable by statutory instrument,
(b)includes power to make different provision for different cases, and
(c)may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
(2)The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.
(3)Regulations under paragraph F1... [F213(5)] of Schedule 12 shall not be made without the consent of the Treasury.
(4)Regulations shall not be made by the Secretary of State under—
(a)section 182(5), or
(b)paragraph F3... [F413(5)] of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.
(5)A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the [F5Welsh Ministers].
[F6(7)Regulations shall not be made by the Welsh Ministers under—
(a)section 182(5), or
(b)paragraph 15(4) of Schedule 12,
unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
(8)A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.
(9)The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.]
Textual Amendments
F1Words in s. 197(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F2Word in s. 197(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F3Words in s. 197(4)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F4Word in s. 197(4)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)
F5Words in s. 197(6) substituted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(a)
F6S. 197(7)-(9) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 7(b)
Commencement Information
I1S. 197 wholly in force at 1.8.2001; s. 197 not in force at Royal Assent see s. 275(1)(2); s. 197 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 197 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 17