(1)Any power to make regulations or an order under this Part is exercisable by the appropriate Minister by statutory instrument.
(2)Regulations under this Part may—
(a)make different provision for different cases and circumstances and different provision for different areas;
(b)make supplementary, consequential, incidental, transitional or saving provision.
(3)Regulations under section 1 which—
(a)prescribe care for the purposes of the definition of “qualifying hospital patient”; and
(b)are made by the Secretary of State (or by the Secretary of State and the Assembly acting jointly),
may not prescribe a description of care which is, or includes, mental health care unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(4)A statutory instrument which—
(a)contains regulations or an order under this Part, other than regulations which fall to be approved in draft by virtue of subsection (3); and
(b)is made by the Secretary of State (or by the Secretary of State and the Assembly acting jointly),
is subject to annulment in pursuance of a resolution of either House of Parliament.