Local Government and Public Involvement in Health Act 2007

240 Orders, regulations and guidance E+W

(1) Any order or regulations made by the Secretary of State under this Act must be made by statutory instrument.

(2) Any order made by the [F1 Local Government Boundary Commission for England] under this Act must be made by statutory instrument.

(3) Any order made by the Welsh Ministers under section 210, 212, 218 or 245 must be made by statutory instrument.

(4) A statutory instrument containing an order made by the Welsh Ministers under section 210 or 218, other than an instrument to which subsection (5) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) A statutory instrument containing—

• an order under section 210 which includes provision amending an enactment, or

• an order made by the Welsh Ministers under section 212,

may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.

(6) A statutory instrument containing—

• an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, 40 or 212 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 4,

• regulations under section 221, 224(2)(e) or 225,

• an order under section 17F2 ... or 243 which includes provision—

  • (a) amending or repealing an enactment, or

  • (b) amending or revoking subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, or

• regulations under section 14 or 220 which include such provision,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) Any other statutory instrument under this Act, except one containing only—

(a) an order made by the [F3 Local Government Boundary Commission for England], or

(b) an order under section 245,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In relation to an order under section 243—

(a) the reference in subsection (6) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and

(b) the reference in that subsection to subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament includes an instrument of which a draft was required to be laid before and approved by a resolution of the Scottish Parliament.

(9) If, but for this subsection, an instrument containing an order under section 7 or 10 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.

(10) Any order or regulations made under this Act may make different provision for different cases.

(11) Any guidance issued under this Act may make different provision for different cases.

Textual Amendments

F1 Words in s. 240(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 34; S.I. 2009/3318, art. 4(ff)

F2 Word in s. 240(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(34)(c); S.I. 2015/994, art. 6(g)

F3 Words in s. 240(7)(a) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 34; S.I. 2009/3318, art. 4(ff)