Roads (Scotland) Act 1984

143 Regulations, orders and schemes.S

(1)Where a power to make regulations or orders, or to make or confirm schemes, is exercisable by the Secretary of State by virtue of this Act, the exercise of that power shall be by statutory instrument under this subsection, and may—

(a)make different provision in relation to different cases or classes of case;

(b)exclude certain cases or classes of case.

(2)A statutory instrument—

(a)made under subsection (1) above and containing—

(i)regulations other than such regulations as are mentioned in paragraph (b)(i) below; or

(ii)an order under section [F18 [F2, 12A, 12B, 12C, 12D, 12E] [F3113A] or] 154 of this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament;

and

(b)containing—

(i)regulations under section 17 of this Act [F4or regulations made for the first time under section 61A of this Act]; or

(ii)an order under section [F5130A or] F6... 153 of this Act,

shall not be made under subsection (1) above unless a draft of the instrument has been laid before Parliament and has been approved by resolution of each House of Parliament.

Textual Amendments

F2Words in s. 143(2)(a)(ii) inserted (4.1.1995) by 1994 c. 39, s. 38(4) (with s. 7(2)); S.I. 1994/2850, art. 3(a)

F3Words in s. 143(2)(a)(ii) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(9); S.I. 1996/323, art. 4(1)(c)

F5Words in s. 143(2)(b)(ii) inserted (1.10.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 37(2), 54(2); S.S.I. 2008/15, art. 2(3), sch. 2