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Disability Discrimination Act 1995

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67 Regulations and orders.E+W+S

(1)Any power under this Act [F1of the Secretary of State, the Scottish Ministers or the [F2Welsh Ministers]] to make regulations or orders shall be exercisable by statutory instrument.

(2)Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3)Any such power includes power—

(a)to make such incidental, supplemental, consequential or transitional provision as appears to the [F1person by whom the power is exercisable] to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

[F3(3A)Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

(3B)The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).

(3C)The provision that may be made by regulations under any of subsections (1) to (4) of section 49D in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing an enactment.]

[F4(4)Subsection (4A) applies to—

(a)the first regulations to be made under section 21H(1);

(b)the first regulations to be made under each of subsections (1), (2) and (4) of section 31AE;

(c)regulations under section 31AE(1), (2) or (4) that amend this Act;

(d)regulations under section 31AE(1) that make provision as to remedies;

(e)regulations under section 47J(3);

(f)regulations under section 49D(1) or (2) that, in exercise of the power under subsection (3)(a), amend or repeal an enactment contained in an Act [F5, in an Act of the Scottish Parliament, or in a Measure or Act of the National Assembly for Wales];

(g)regulations under section 67A(3);

(h)regulations under paragraph 6A(2) of Schedule 1.

(4A)No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether containing the regulations alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(4B)Subsection (4C) applies to regulations under section 49D(3) or (4) that, in exercise of the power under subsection (3)(a), amend or repeal any enactment contained in an Act or in an Act of the Scottish Parliament.

(4C)No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether containing the regulations alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.

(4D)A statutory instrument—

(a)that—

(i)contains regulations under section 49D(3) or (4), and

(ii)is not subject to the requirement in subsection (4C) that a draft of the instrument be laid before, and approved by, the Scottish Parliament, or

(b)that contains regulations or an order made by the Scottish Ministers under section 33,

shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5)A statutory instrument—

(a)that—

(i)contains regulations made by the Secretary of State under this Act, and

(ii)is not subject to the requirement in subsection (4A) that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

(b)that contains an order made by the Secretary of State under this Act that is not an order under section 3(9), 47(1) F6. . . or 70(3),

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

(5A)A statutory instrument that contains an order under section 47(1), if made without a draft having been 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, but the exercise of the discretion conferred by this subsection is subject to section 67A.]

(6)Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory instrument but such an order shall be as capable of being amended or revoked as an order which is made by statutory instrument.

(7)Nothing in section 34(4), 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

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Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments

Amendments (Textual)

F2Words in s. 67(1) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 62(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F3S. 67(3A)-(3C) inserted (E.W.S.) (30.6.2005 for certain purposes and 5.12.2005 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 33(4); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 3(j)

F4S. 67(4)-(5A) substituted for (4)(5) (E.W.S.) (30.6.2005 for certain purposes and 5.12.2005 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 33(5); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 3(j)

F5Words in s. 67(4)(f) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 62(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

Modifications etc. (not altering text)

C1S. 67(2)(3) applied (1.11.1996) by 1996 c. 56, s. 583(2)(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I1S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

67Regulations and orders.N.I.

(1)Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2)Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3)Any such power, includes power—

(a)to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

[F7(3A)Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

(3B)The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).]

[F8(4)Subsection (4A) applies to—

(a)the first regulations to be made under section 21H(1);

(b)regulations under section 47J(3);

(c)regulations under section 67A(3);

(d)regulations under paragraph 6A(2) of Schedule 1.

(4A)No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(4B)An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.]

(5)Any other order made under this Act, other than an order under section 3(9), [F954A(6)(a)] or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7)Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.

(8)Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments; a separate version has been created for England and Wales and Scotland only

Amendments (Textual)

F8S. 67(4)-(4B) substituted (N.I.) for repealed s. 67(4) (3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 25(3); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F9Words in s. 67(5) substituted (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 15 (with art. 17); S.R. 2000/140, art.2, Sch.

Commencement Information

I1S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

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