PART 4General

I1129Regulations and directions

1

Regulations under any provision of this Act may make—

a

consequential, supplementary, incidental, transitional, or saving provision;

b

different provision for different cases or purposes.

2

Regulations under this Act made by the Treasury or the Lord Chancellor are to be made by statutory instrument.

3

A power or duty of a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

4

In this Act “the affirmative procedure” means—

a

in the case of regulations made by the Treasury or the Lord Chancellor, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament;

b

in the case of regulations made by the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, Senedd Cymru;

c

in the case of regulations made by a Northern Ireland department, that the regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

5

In this Act “the negative procedure” means—

a

in the case of regulations made by the Treasury or the Lord Chancellor, that the instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

b

in the case of regulations made by the Welsh Ministers, that the instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

c

in the case of regulations made by a Northern Ireland department, that the regulations are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) (c. 33 (N.I.)).

6

Any provision that may be made by regulations under this Act subject to the negative procedure may be made by regulations subject to the affirmative procedure.

7

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

8

The preceding subsections do not apply in relation to—

a

scheme regulations for a Chapter 1 scheme (within the meaning of Chapter 1 of Part 1),

b

scheme regulations for a judicial scheme (within the meaning of Chapter 2 of Part 1),

c

scheme regulations for a local government scheme (within the meaning of Chapter 3 of Part 1), or

d

regulations under section 131.

9

Directions given under this Act by the Treasury or the Department of Finance in Northern Ireland may be varied or revoked.