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
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))).
F83A
Subsection (3) does not apply to the power of the Scottish Ministers to make an order under section 118(2B) F11or regulations under section 131ZA(7).
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
F47azza
regulations under—
i
section 67ZB(5) or 84A(5);
ii
section 131ZC(5) or 150A(5);
iii
section 251ZB(5) or 232A(5);
F42aza
F35azb
regulations under section 340(14)(c) or (14A)(b),
F58aa
an order made by the Welsh Ministers under section 453(1A);
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.
F574A
A statutory instrument containing an order under section 453(1A) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
5
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—
a
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 F3835(2C),F141(5A),F5441A(5), 47S(4),F4367(7A), 75(7) or (8), F56190A(5), 195S(4),F2... 282, 292(4), F19302(7B), 309,F16339A(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;
F26aa
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;
F146ZA
No regulations may be made by the Scottish Ministers under section 131ZA(7) unless a draft of the regulations has been laid before and approved by a resolution of the Scottish Parliament.
F126ZAA
No regulations may be made by the Secretary of State under any of the following provisions unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House--
a
section 67ZB(5) or 84A(5);
b
section 131ZC(5) or 150A(5);
c
section 251ZB(5) or 232A(5).
6ZB
No regulations may be made by the Secretary of State under section 303B(2), 303G(5), 303W(10), 303Y(2), 303Z8(2) F39or 303Z18(10)F39, 303Z18(10), 303Z20(2), 303Z35(4), 303Z42(7), 303Z52(10) or 303Z64(10) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F456ZBA
No regulations may be made by the Secretary of State under section 327(2E)(a), 328(7)(a) or 329(2E)(a) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F486ZBB
No regulations may be made by the Secretary of State under section 339ZL(5) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F136ZC
No regulations may be made by the Treasury or the Secretary of State under section 340(14)(c) or (14A)(b) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F466A
If a draft of an order under section 302(7B) F28or of regulations under section 303W(10) F5or 303Z18(10)F5, 303Z18(10), 303Z52(10) or 303Z64(10)F27or of regulations under section 340(14)(c) or (14A)(b) 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.
F507A
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 F33185(2B),F15195T(5),F10215(7A), 223(7) or (8), 282, 293A(4), 302(7B), F30303I(4), 377ZA(4), 436(6) or 458 F37or regulations under section 303W(10) or 303Z18(10) .
7B
F47BA
No regulations may be made by the Department of Justice under section 303W(10) or 303Z18(10) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
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) F29, (7BA) 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.
F178
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.