(1)Every power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.
(2)A statutory instrument containing an order or regulations made in exercise of any such power, other than an order to which subsection (3) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)This subsection applies to—
(a)any order under section 9(7) or 108; and
(b)any order that is required to be approved in draft by virtue of section 19(3) [F1, 38A(4)][F2or 41B]F3. . . [F4or paragraph 15A(2) of Schedule 4 or paragraph 9A(2) of Schedule 5] .
(4)Every power of the Secretary of State to make an order or regulations under this Act, other than an order under section 9(7) or 108, shall include power—
(a)to make different provision for different cases;
(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(5)Every power of the Secretary of State to make provision by regulations under Part 2 shall include power to make provision for any of the matters that may be provided for to be determined, in accordance with the regulations, by the Independent Police Complaints Commission.
Textual Amendments
F1Words in s. 105(3)(b) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 4; S.I. 2007/709, art. 3(h) (subject to arts. 6, 7)
F2Words in s. 105(3)(b) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 46; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F3Words in s. 105(3)(b) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)
F4Words in s. 105(3)(b) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 89(2), 93; S.I. 2003/3300, art. 2(f)(iv)