Part 5Miscellaneous and general

General

223Orders and regulations

1

References in this section to subordinate legislation are to—

a

an order of the Secretary of State under this Act (other than an order within subsection (2));

b

an order of the Treasury under this Act;

c

regulations under this Act.

2

The orders referred to in subsection (1)(a) are—

a

an order for a person’s extradition or discharge;

b

an order deferring proceedings on a warrant or request;

c

an order deferring a person’s extradition in pursuance of a warrant or request.

3

Subordinate legislation—

a

may make different provision for different purposes;

b

may include supplementary, incidental, saving or transitional provisions.

4

A power to make subordinate legislation is exercisable by statutory instrument.

5

No order mentioned in subsection (6) may be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

6

The orders are—

a

an order under any of these provisions—

  • section 1(1);

  • section 69(1);

  • section 71(4);

  • section 73(5);

  • section 74(11)(b);

  • section 84(7);

  • section 86(7);

  • section 142(9);

  • section 173(4);

  • section 215(2);

b

an order under section 219(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act.

7

A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6) or an order under section 221.

8

A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.

9

An order made by the Secretary of State under section 1(1) or 69(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications.