(1)Any power to make regulations under this Act is exercisable by statutory instrument.
(2)A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
(a)regulations under section 9(1) (prescribed description of providers for whom a transparency condition is mandatory);
(b)regulations under section 15(2) [F1or 69B(3)] (power to impose monetary penalties);
(c)regulations under section 29(5) (regulations regarding the OfS's approval of access and participation plans);
(d)regulations under section 32(1) (content of such a plan: equality of opportunity);
(e)regulations under section 39(3) (prescribed description of providers eligible for financial support);
(f)regulations under section 92(2) (regulations changing the structure of UKRI's Councils);
(g)regulations under section 95(5) (regulations in connection with changes made to structure of UKRI's Councils or changing the fields of activity of the Councils);
(h)regulations under section 116(1) (power to make consequential provision) which include provision that amends, repeals or revokes a provision of primary legislation or of a Royal Charter;
(i)regulations under paragraph 2 or 3 of Schedule 2 (regulations prescribing the higher amount, basic amount or floor amount), except regulations to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).
(3)Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)But subsection (3) does not apply to regulations under Schedule 2 to which paragraph 5(2)(b) of that Schedule applies (regulations increasing the higher amount to an amount greater than that required to maintain its value in real terms).
(5)Regulations under this Act may—
(a)make different provision for different purposes, cases or areas,
(b)make provision generally or only in relation to specified cases,
(c)make incidental, consequential, supplementary, transitional, transitory or saving provision, and
(d)include provision framed by reference to matters determined or published by the OfS (whether before or after the regulations are made).
(6)Nothing in this Act is to be regarded as affecting the generality of subsection (5).
(7)This section does not apply to regulations made under section 124 (commencement).
Textual Amendments
F1Words in s. 119(2)(b) inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 7(2), 13(1)(a)(3)