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Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Any power to make regulations or an order under this Act includes power—
(a)to make different provision for different purposes;
(b)to make different provision for different cases or areas;
(c)to make incidental, supplementary, consequential or transitional provision or savings.
(2)Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument.
(3)The Secretary of State may not make a statutory instrument containing regulations under section 12 [F1, 12B(1)(b)] or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(4)The Secretary of State may not make a statutory instrument containing [F2the first regulations under section 9A or] the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(5)A statutory instrument containing—
(a)any regulations made by the Secretary of State under this Act [F3to which neither of subsections (3) and (4) applies],
(b)an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or
(c)an order made by the Secretary of State under section 11(1)(d) or section 65(2),
is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7).
(8)Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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