(1)Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.
(2)No recommendation shall be made to Her Majesty to make an Order in Council under section 38(4), and no order shall be made under section 3, 4(4) [F1or (6D)][F2, 28(5)] or 40, unless a draft of the Order in Council or order has been laid before Parliament and approved by a resolution of each House of Parliament.
(3)A statutory instrument containing—
(a)an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or
(b)regulations or rules made under this Act,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.
Textual Amendments
F1Words in s. 41(2) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 11(2), 103(1)(i)(3)