(1)Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act shall be exercisable by statutory instrument.
(2)Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act—
(a)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,
(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.
(3)The power of the Secretary of State under section F1...102 or 129 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
(4)The power of the Secretary of State under paragraph 6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.
(5)The power of the Secretary of State under section F2...93, 104(4) or 112(10) as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
(6)The power of the Secretary of State under section 103 as extended by this section may be exercised by modifying any enactment.
(7)The power of the Secretary of State under section 102, 103, 127(1) or 128 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.
(8)The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.
(9)Regulations under section 105 shall be subject to annulment in pursuance of a resolution of the House of Commons.
(10)An order under any of the following provisions shall, if made without a draft of it having been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament: sections F3...70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3))F3... and paragraph 6(1) of Schedule 8.
(11)An instrument containing an order under any of the provisions mentioned in subsection (10) which revokes, amends or re-enacts an order under any of the provisions mentioned in that subsection may (in spite of section 14 of the M1Interpretation Act 1978) be subject to a different procedure under that subsection from the procedure to which the instrument containing the original order was subject.
(12)No order shall be made under section F4...93, 103, 112(10) or 127(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(13)In this section references to enactment include references to any instrument or other document.
Subordinate Legislation Made
P1S. 122(3) Power partly exercised: different dates appointed for specified provisions by S.I. 2001/1148 art. 2 (with saving and transitional provisions in arts. 3-42)
Textual Amendments
F1Words in s. 122(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(2); S.I. 2011/2329, art. 3
F2Word in s. 122(5) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(3); S.I. 2011/2329, art. 3
F3Words in s. 122(10) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(4); S.I. 2011/2329, art. 3
F4Words in s. 122(12) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(5); S.I. 2011/2329, art. 3
Marginal Citations