Part 5Miscellaneous and general

General

47Orders and regulations

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).