Health and Social Care (Community Health and Standards) Act 2003

F1 195 Orders and regulations U.K.

(1) Any order or regulations under this Act—

(a) may make different provision for different purposes; and

(b) may make incidental, supplementary, consequential, transitory or transitional or saving provision.

(2) Any power to make regulations conferred by this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.

(3) Before making any regulations under Part 3 the Secretary of State must consult the Assembly.

(4) Any power to make an order or regulations under this Act is exercisable by statutory instrument.

(5) The Secretary of State may not make a statutory instrument containing—

(a) regulations under section 150(12),

(b) the first regulations made under section 26, 35 or 153(2), or

(c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),

unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(6) A statutory instrument containing any other order or regulations under this Act made by the Secretary of State (apart from an order under section 22, 25(3), 28 or 199) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The Scottish Ministers may not make a statutory instrument containing—

(a) regulations under section 150(12),

(b) the first regulations made under section 153(2), or

(c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),

unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(8) A statutory instrument containing any other order or regulations under this Act made by the Scottish Ministers (apart from an order under section 199) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Textual Amendments

F1 By SI 2006/1407, Sch. 1 para 14 it is provided that in s. 195(2) the words "or a power to make an order conferred by Part 1" are inserted after "this Act" (the insertion coming into force immediately before the National Health Service Act comes into force); and by 2006 c. 43, Sch. 4 it is provided that in s. 195(1) the same words are repealed (1.3.2007)