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Local Government Act 2003

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This is the original version (as it was originally enacted).

123Orders and regulations

This section has no associated Explanatory Notes

(1)Any power to make orders or regulations under this Act includes power—

(a)to make different provision for different cases or areas, and

(b)to make incidental, supplementary, consequential or transitional provision or savings (including provision amending or repealing any enactment or instrument made under any enactment).

(2)The power under subsection (1)(a) includes, in particular, power to make different provision for different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(3)The generality of the power under subsection (1)(a) shall not be taken to be prejudiced by any specific provision of this Act authorising differential provision.

(4)No—

(a)order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or

(b)regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,

shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(5)Any power to make orders or regulations under this Act is exercisable by statutory instrument.

(6)A statutory instrument that—

(a)contains an order or regulations under this Act, and

(b)is not subject to any requirement 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.

(7)Subsection (6) does not apply to a statutory instrument containing an order or regulations made by the National Assembly for Wales.

(8)This section does not apply to orders under section 128.

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