Licensing Act 2003

197 Regulations and orders E+W

(1) Any power of the Secretary of State to make regulations or an order under this Act is exercisable by statutory instrument.

(2) Regulations or an order under this Act—

(a) may include incidental, supplementary, consequential or transitional provision or savings;

(b) may make provision generally or only in relation to specified cases;

(c) may make different provision for different purposes.

(3) A statutory instrument containing regulations or an order under this Act, other than one containing—

(a) an order under section 5(2) (order appointing start of first period for which statement of licensing policy to be prepared),

[F1 (aa) an order under section 19A or 73B (orders in relation to mandatory licensing conditions),]

(b) an order under section 100(8)(alteration of maximum temporary event period),

(c) an order under section 107(12) (alteration of limit on number of temporary event notices),

[F2 (ca) an order under section 147A(9) (increase of maximum fine for offence of persistently selling alcohol to children) to which subsection (4A) applies;]

(d) an order under section 172 (relaxation of opening hours for special occasions),

(e) an order under section 176(3) (order amending definition of “excluded premises” where alcohol sales are prohibited),

(f) an order under section 201 (commencement), or

(g) an order under paragraph 4 of Schedule 1 (power to amend meaning of regulated entertainment),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing an order within [F3 subsection (3)(aa), (b),], (c), [F4 (ca),](d), (e) or (g) is not to be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

[F5 (4A) This subsection applies to an order under section 147A(9) if it appears to the Secretary of State that the power to make the order is being exercised for purposes that are not confined to the increase of the maximum fine to take account of changes in the value of money.]

(5) If a draft of an order within subsection (3)(d) would, apart from this subsection, 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

F1 S. 197(3)(aa) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 44(2); S.I. 2010/125, art. 2(t)

F2 S. 197(3)(ca) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(a), 66(2)(3); S.I. 2007/858, art. 2(a)

F3 Words in s. 197(4) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 44(3); S.I. 2010/125, art. 2(t)

F4 Word in s. 197(4) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(b), 66(2)(3); S.I. 2007/858, art. 2(a)

F5 S. 197(4A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 23(3)(c), 66(2)(3); S.I. 2007/858, art. 2(a)