Part 9General

122Regulations

1

A power to make regulations under any provision of this Act includes power to make—

a

consequential, supplementary, incidental, transitional or saving provision;

b

different provision for different purposes.

2

A power to make regulations under Part 6 also includes power to make different provision for different areas.

3

Regulations under this Act are to be made by statutory instrument.

4

In this Act, if a statutory instrument is “subject to the affirmative procedure” it may not be made unless—

a

where it contains (whether alone or with other provision) regulations made by the Secretary of State, a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

b

where it contains (whether alone or with other provision) regulations made by the Welsh Ministers, a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

5

In this Act, if a statutory instrument is “subject to the negative procedure” it is—

a

where it contains regulations made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

b

where it contains regulations made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

6

If a draft of a statutory instrument containing regulations under Part 6 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 a hybrid instrument.

7

This section does not apply to regulations under section 124.