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Criminal Justice and Court Services Act 2000, Section 76 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to any power conferred by this Act on the Lord Chancellor or the Secretary of State to make regulations, rules or an order.
(2)The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.
(3)The power may be exercised so as to make different provision for different purposes or different areas.
(4)The power includes power to make—
(a)any supplementary, incidental or consequential provision, and
(b)any transitory, transitional or saving provision,
which the Minister exercising the power considers necessary or expedient.
(5)An order—
(a)making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2), or
(b)making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,
may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.
(6)Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)Subsection (6) does not apply to a statutory instrument containing an order—
(a)revoking an order made by virtue of section 10, or
(b)made by virtue only of section 80.
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