36 Regulations and orders.E+W+S
(1)Any power under this Act to make regulations or orders, other than an order under section [F18(3),][F29(13), 16(4) or 19(10)(a)], shall be exercisable by statutory instrument.
[F3(1A)[F4Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.]]
(2)Any such power may be exercised—
(a)either in relation to all cases to which it extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b)so as to make, as respects the cases in relation to which it is exercised—
(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii)the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
(iii)any such provision either unconditionally or subject to any specified condition.
(3)Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(4)Any such power includes power—
(a)to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State [F5, or (in the case of regulations made by the Treasury) to the Treasury,] to be expedient; and
(b)to provide for a person to exercise a discretion in dealing with any matter.
[F6(4A)[F7Without prejudice to the generality of the provisions of this section—
(a)regulations under section 17A F8. . . may make different provision for different areas;
(b)regulations under section 17A F8. . . may make provision which applies only in relation to an area or areas specified in the regulations.]]
(5)Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision.
Textual Amendments
F1Words in s. 36(1) inserted (11.11.1999) by 1999 c. 30, ss. 70, 89(4)(b), Sch. 8 Pt. V para. 29(6)
F2Words in s. 36(1) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 145; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))
F3S. 36(1A) inserted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 9; S.I. 2012/2530, art. 2(2)(f)
F4S. 36(1A) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F5Words in s. 36(4)(b) inserted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 63; S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)
F6S. 36(4A) inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), ss. 1(3), 61(1)
F7S. 36(4A) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)
F8Words in s. 36(4A)(a)(b) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 147, 150(2)(b), Sch. 14 Pt. 6