(1)Subsections (2) to (5) apply to any power to make an order or regulations that is conferred by this Act on—
(a)the Secretary of State, [F1or]
(b)the Registrar General, F2...
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsections (2) and (3) also apply to any power to make an order that is conferred by this Act on the Scottish Ministers or the National Assembly for Wales.
(2)The power is exercisable by statutory instrument.
(3)The power may be exercised so as—
(a)to make different provision for different purposes or different areas;
(b)to make provision generally or for specified cases or circumstances;
(c)to make incidental, supplemental, consequential, saving or transitional provision.
(4)A statutory instrument containing an order or regulations made under any power to which this subsection applies, other than—
(a)an order to which subsection (5) applies, or
(b)an order under section 53,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(5)A statutory instrument containing—
(a)an order under paragraph 48 of Schedule 1, or
(b)an order that includes provision made by virtue of section 51(3)(b)(i) or (ii),
may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(6)A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.
(7)A statutory instrument containing an order under section 51 made by the Scottish Ministers, other than an order to which subsection (8) applies, is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8)A statutory instrument containing an order under section 51 made by the Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) of that section may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.
Textual Amendments
F1Word in s. 49(1)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 81(2)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(u)
F2S. 49(1)(c) and preceding word repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 81(2)(b), Sch. 28 Pt. 8; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 48(u), 50(7)(b)