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Higher Education Act 2004, Section 47 is up to date with all changes known to be in force on or before 14 November 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)Any power—
(a)of the Secretary of State or the Assembly to make an order or regulations under this Act, or
(b)of the Scottish Ministers to make an order under this Act,
is exercisable by statutory instrument.
(2)Any statutory instrument containing—
(a)an order made by the Secretary of State under section 18, or
(b)regulations made by the Secretary of State under any provision of this Act,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Subsection (2) does not apply to—
(a)regulations to which section 26(1) or (2)(a)(ii) or (b)(ii) applies,
(b)regulations to which paragraph 12(3) of Schedule 2 applies, or
(c)regulations to which subsection (4) applies.
(4)A statutory instrument which contains (whether alone or with other provisions) regulations made by the Secretary of State by virtue of section 33(2), 34 or 37(3)(c) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5)Any order or regulations under this Act may—
(a)make different provision for different cases or different areas,
(b)make provision generally or only in relation to specified cases, and
(c)contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.
(6)Nothing in this Act is to be regarded as affecting the generality of subsection (5).
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