Part X Miscellaneous and general

Supplementary

156 Orders and regulations.

1

Any power of the Secretary of State to make any order or regulations under this Act shall be exercised by statutory instrument.

2

Subject to F10subsections (3) to (4A) , a statutory instrument containing any order or regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

Subsection (2) does not apply to—

a

any order under F7... 163(2) or paragraph 14(7) of Schedule 1; or

b

any order made in pursuance of section 155(2)(a).

4

Subsection (2) also does not apply to any order under—

F8a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

section 51(4),

c

section 67(1),

F1ca

any provision of Chapter 6 of Part 4;

d

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3da

section 71F(13),

db

section 71H(4),

dc

section 71U(1),

F4dd

any provision of Chapter 2 of Part 4A,

e

section 101(4),

f

section 108(3),

g

section 109(6),

h

section 129,

F5ha

paragraph 9 of Schedule 6A,

i

paragraph 3(4) of Schedule 7,

F6ia

paragraph 2(9) or 4(4) of Schedule 7A,

j

paragraph 4 of Schedule 8,

F11ja

paragraph 4 of Schedule 8A,

k

paragraph 3(4) of Schedule 11,

l

paragraph 4 of Schedule 13,

m

paragraph 2 of Schedule 14, or

n

paragraph 3(4) of Schedule 15;

and no such order shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

F94A

An order under paragraph 16 of Schedule 19C that contains—

a

provision made by virtue of paragraph 1(1), (2), (3), (4) or (5), paragraph 5(1), (2), (3) or (4), paragraph 10(2)(b) or (3)(b) or paragraph 15(1)(a) of that Schedule, or

b

provision amending an Act,

shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament; and subsection (2) does not apply to such an order.

F124B

Subject to subsections (4C) and (4D), any order or regulations made under this Act by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4C

Subsection (4B) does not apply to an order falling within subsection (3).

4D

Subsection (4B) does not apply to an order falling within subsection (4), and any such order made by the Scottish Ministers shall be subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

5

Any order or regulations made by the Secretary of State F13or the Scottish Ministers under this Act may—

a

contain such consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments) as the Secretary of State F13or the Scottish Ministers considers appropriate; and

b

make different provision for different cases.

6

Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 19(9)).

7

Paragraphs 21 to 23 of Schedule 1 contain provisions relating to regulations made by the Commission.