Part 7Miscellaneous and supplementary
Supplementary
43Orders and regulations
1
Any power of the Secretary of State or the Minister for the Cabinet Office to make regulations or an order under this Act is exercisable by statutory instrument.
2
Any power of the Secretary of State or the Minister for the Cabinet Office to make regulations or an order under this Act includes—
a
power to make different provision for different cases or classes of case, including different provision for different authorities;
b
power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
3
A statutory instrument containing regulations or an order to which subsection (4) applies (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
4
This subsection applies to—
a
regulations under section 2(3) (power to amend list of relevant authorities in Schedule 2),
b
regulations or an order under section 2(5) (power to make provision about application of Act to a person or body coming to fall within Schedule 2) which amends this Act,
c
regulations under section 3(5)(a) (power to modify financial year of relevant authority) which amend this Act,
d
regulations under section 5(1) (modification of Act in relation to smaller authorities),
e
regulations under section 6(5) (power to amend definition of “smaller authority”),
f
regulations under section 7(4) (power to amend intervals at which local auditor must be appointed),
g
regulations under section 17 (appointment of auditor by specified person),
h
regulations under section 18(2) (power to amend Schedule 5),
i
regulations under section 40 (access to local government meetings and documents) which amend or repeal any provision of an Act,
j
regulations under section 46 (power to make consequential provision) which amend or repeal any provision of an Act,
k
regulations under paragraph 2(9) of Schedule 4 (power to amend definition of “independent” member of auditor panel),
l
regulations under paragraph 5(1)(a) of that Schedule (power to amend etc local authority enactments in their application to auditor panels),
m
regulations under paragraph 8(3) of that Schedule (power to amend definition of “connected entity”), and
n
regulations under paragraph 8 of Schedule 9 (power to amend data-matching provisions).
5
Any other statutory instrument containing regulations or an order under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (6).
6
Subsection (5) does not apply to a statutory instrument containing only—
a
an order under section 49 (commencement),
b
an order under paragraph 2 of Schedule 13 (transitory and saving provision relating to NHS trusts and trustees of NHS trusts), or
c
an order under both of those provisions.
7
If a draft of a statutory instrument containing regulations or an order under section 2 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.