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Part IIIU.K. Miscellaneous, General and Supplemental Provisions

Modifications etc. (not altering text)

C1Pt. III (ss. 117-154) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)

SupplementalU.K.

143 Regulations and orders.U.K.

(1)Any power under this Act to make regulations, and any power of the Secretary of State[F1, the Welsh Ministers] [F2or the Scottish Ministers under this Act to make orders (except the power to make provisional or final orders under section 55)], shall be exercisable by statutory instrument.

(2)Any statutory instrument—

(a)which contains (whether alone or with other provisions) regulations or an order under this Act made by the Secretary of State, other than an order under section 136(8) above or section 154(2) below, and

(b)which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

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

(3)Any power conferred by this Act to make regulations, and any power conferred by this Act on the Secretary of State[F3, the Welsh Ministers] [F4or the Scottish Ministers to make an order (other than a provisional or final order under section 55)], includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the authority by whom the power to make the regulations or order is exercisable.

(4)Any power under this Act to make regulations, and any power of the Secretary of State[F5, the Welsh Ministers] [F6or the Scottish Ministers under this Act to make an order (other than a provisional or final order under section 55)], may be exercised—

(a)in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes or descriptions of case;

(b)so as to make, as respects the cases in relation to which it is exercised, different provision for different cases or for different classes or descriptions of case.

Textual Amendments

F1Words in s. 143(1) inserted (E.W.S.) (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 31

F2Words in s. 143(1) substituted (E.W.S.) (24.7.2005 for certain purposes and 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 15(a); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F3Words in s. 143(3) inserted (E.W.S.) (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 31

F4Words in s. 143(3) substituted (E.W.S.) (24.7.2005 for certain purposes and 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 15(b); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F5Words in s. 143(4) inserted (E.W.S.) (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 31

F6Words in s.143(4) substituted (E.W.S.) (24.7.2005 for certain purposes and 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 15(c); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1