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),

F1b

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F2c

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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.