Part VI Miscellaneous and General

General

67 Orders, regulations and rules.

1

Any power conferred by this Act on the F1Lord Chancellor to make an order, regulations or rules shall be exercisable by statutory instrument.

2

Any order, regulations or rules made by the F1Lord Chancellor under this Act may—

a

make different provision for different cases, and

b

make such supplemental, incidental, consequential or transitional provision or savings as the F1Lord Chancellor considers appropriate;

and nothing in section 7(11), 19(5), 26(1) or 30(4) limits the generality of paragraph (a).

3

Before making—

a

an order under any provision of this Act other than section 75(3),

b

any regulations under this Act other than notification regulations (as defined by section 16(2)),

the F1Lord Chancellor shall consult the Commissioner.

4

A statutory instrument containing (whether alone or with other provisions) an order under—

  • section 10(2)(b),

  • section 12(5)(b),

  • section 22(1),

  • section 30,

  • section 32(3),

  • section 38,

  • section 56(8),

  • paragraph 10 of Schedule 3, or

  • paragraph 4 of Schedule 7,

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

5

A statutory instrument which contains (whether alone or with other provisions)—

a

an order under—

  • section 22(7),

  • section 23,

  • section 51(3),

  • section 54(2), (3) or (4),

  • paragraph 3, 4 or 14 of Part II of Schedule 1,

  • paragraph 6 of Schedule 2,

  • paragraph 2, 7 or 9 of Schedule 3,

  • paragraph 4 of Schedule 4,

  • paragraph 6 of Schedule 7,

b

regulations under section 7 which—

i

prescribe cases for the purposes of subsection (2)(b),

ii

are made by virtue of subsection (7), or

iii

relate to the definition of “the prescribed period”,

c

regulations under section 8(1) F2, 9(3) or 9A(5),

d

regulations under section 64,

e

notification regulations (as defined by section 16(2)), or

f

rules under paragraph 7 of Schedule 6,

and which is not subject to the requirement in subsection (4) 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.

6

A statutory instrument which contains only—

a

regulations prescribing fees for the purposes of any provision of this Act, or

b

regulations under section 7 prescribing fees for the purposes of any other enactment,

shall be laid before Parliament after being made.