(1)The Secretary of State may make regulations under this Act—
(a)for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any local authority [F1or National Park authority];
(b)for any purpose for which regulations are authorised or required to be made under this Act (other than a purpose for which regulations are authorised or required to be made by another Minister).
(2)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
[F2(2A)Regulations may make different provision for different purposes.]
(3)Any statutory instrument containing regulations made under this Act (except regulations under section 88 [F3or paragraph 15(5) or 16 of Schedule 4B] and regulations which by virtue of this Act are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F4(3A)No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]
F5(4)The power to make development orders and orders under sections 2, [F62A, 2F,] 28, 55(2)(f), [F761A(5)] 87, [F8106BA(14),] 149(3)(a) [F9, 319 and 319A(9)] shall be exercisable by statutory instrument.
(5)Any statutory instrument—
(a)which contains an order under section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section; or
(b)which contains a development order or an order under section [F102A, 2F,] 28, [F1161A(5)(unless it is made by the National Assembly for Wales),] 87 or 149(3)(a),
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F12(5ZA)No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.]
[F13(5A)No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.]
(6)Without prejudice to subsection (5), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 17) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.
(7)Without prejudice to section 14 of the M1Interpretation Act 1978, any power conferred by any of the provisions of this Act to make an order, shall include power to vary or revoke any such order by a subsequent order.
Subordinate Legislation Made
P1S. 333: power previously exercised by S.I. 1990/1562, 2032
P2S. 333(7): s. 59 (with ss. 60(1), 61(1) and 333(7)) power exercised by S.I. 1991/1536,
P3S. 333(7): s. 55(2)(f) (with s. 333(7)) power exercised by S.I. 1991/1567
Textual Amendments
F1Words in s. 333(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(12) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F2S. 333(2A) inserted (6.8.2004 for certain purposes, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118, 121, Sch. 6 para. 14(2) (with s. 111); S.I. 2004/2097, art. 2
F3Words in s. 333(3) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(2); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)
F4S. 333(3A) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 22(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11)
F5Word in s. 333(4) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
F6Words in s. 333(4) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(3)(a), 59; S.I. 2008/582, art. 2(a)
F7Word in s. 333(4) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
F8Word in s. 333(4) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 8(2)
F9Words in s. 333(4) substituted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(2) (with s. 226); S.I. 2009/400, art. 3
F10Words in s. 333(5)(b) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(3)(b), 59; S.I. 2008/582, art. 2(a)
F11Words in s. 333(5)(b) inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(3)(b) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2
F12S. 333(5ZA) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 8(3)
F13S. 333(5A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 13(3) (with s. 226); S.I. 2009/400, art. 3
Modifications etc. (not altering text)
C1S. 333: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
Marginal Citations