Part 12Miscellaneous and general
General
459 Orders and regulations
1
References in this section to subordinate legislation are to—
a
any Order in Council under this Act;
b
any order under this Act (other than one falling to be made by a court);
c
any regulations under this Act.
2
Subordinate legislation—
a
may make different provision for different purposes;
b
may include supplementary, incidental, saving or transitional provisions.
3
Any power to make subordinate legislation is exercisable by statutory instrument F3 ( F10other than—
a
the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and
b
any power of the Department of Justice in Northern Ireland to make subordinate legislation,
which are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))) .
4
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—
a
b
subordinate legislation made by the Scottish Ministers;
c
an Order in Council made under section 443 which makes provision only in relation to Scotland.
5
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—
a
subordinate legislation made by the Scottish Ministers other than an order under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6), 441(9) or 458;
b
an Order in Council made under section 443 which makes provision only in relation to Scotland.
6
No order may be made—
a
by the Secretary of State under section F24 35(2C), F1941(5A),F1641A(5), 47S(4),F25 67(7A), 75(7) or (8), F17190A(5), 195S(4),F12... 282, 292(4), F8302(7B), 309,F2339A(7), 364(4), 377(4), 436(6) or 438(9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
F5aa
by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
b
by the Scottish Ministers under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6) or 441(9) unless a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.
F96A
If a draft of an order under section 302(7B) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument.
7
The Scottish Ministers must lay before the Scottish Parliament a copy of every statutory instrument containing an Order in Council made under section 444 or 445.
F137A
Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) other than an order under section F22 185(2B), F23 215(7A), 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4), 436(6) or 458.
7B
7C
The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445.
7D
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (7B) and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.
F68
In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.