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Teaching and Higher Education Act 1998

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42 Orders and regulations.E+W+S

(1)Any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.

(2)A statutory instrument containing—

(a)an order under section 7 or 8 [F1or paragraph 18 of Schedule 1], or

(b)(subject to the following provisions of this section) any regulations under this Act,

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

(3)Subsection (2) does not apply to the first regulations to be made—

(a)in relation to the Council under section 1(5), or

(b)in relation to the General Teaching Council for Wales under section 1(5) as applied by an order under section 8(1),

and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4)Subsection (2) does not apply to the first regulations to be made under section 22; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

[F2(5)That subsection also does not apply to—

(a)any regulations in relation to which paragraph (b) of section 22(7) applies, or

(b)any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.]

[F2(5)That subsection also does not apply to any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.]

(6)Any order 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 Secretary of State thinks fit.

(7)Any order or regulations under this Act may make different provision in relation to England and Wales respectively.

(8)Nothing in this Act shall be read as affecting the generality of subsection (6).

(9)Once the Council or (as the case may be) the General Teaching Council for Wales have been established, the Secretary of State shall, before making regulations under Chapter I of Part I of this Act, consult the Council to which the regulations will relate.

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Amendments (Textual)

F1Words in s. 42(2)(a) inserted (1.10.2002 for E. and otherwiseprosp.) by 2002 c. 32, ss. 148, 216, Sch. 12 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

F2S. 42(5) substituted (14.1.2006 for E.) by Higher Education Act 2004 (c. 8), s. 52(2), Sch. 6 para. 9; S.I. 2006/51, art. 2

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