Part III Miscellaneous and general

I189 Orders, regulations and directions.

1

Any power F13...to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

2

For the purposes of subsection (1) above the excepted provisions are F18sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and sections F14... 29A(3)(c), F14... F130(2)(b),F333A(5)(b),F1033J(2), 33K(1), 38, F244(2)(c), 46 and 57; but section 14 of the M1Interpretation Act 1978 (implied power to amend) applies to orders made under those sections F11... as it applies to orders made by statutory instrument.

3

A statutory instrument containing any order or regulations under this Act, other than F7one falling within subsection (3A) F12or (3B) or an order under section 94, shall be subject to annulment in pursuance of F15

a

in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament;

b

in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales.

F83A

A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

F93B

An order falls within this subsection if—

a

it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or

b

it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).

F163C

An order made by the Secretary of State under section 28 or 29(1)(b) is to be published in such manner as the Secretary of State considers appropriate.

4

Orders or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the F6person or body making the order or regulations thinks fit.

F45

Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a F5local authority under that Act.

F176

This section applies in relation to an order made by the Secretary of State under section 28 or 29(1)(b) that revokes or varies an order under those provisions made before the coming into force of section 32(3) of the Skills and Post-16 Education Act 2022 as if—

a

in subsection (2), the words “sections 28 and 29(1)(b) so far as the power under each of those provisions is exercisable by the Secretary of State, and” were omitted, and

b

subsection (3C) were omitted.