Civil Contingencies Act 2004

17 Regulations and orders E+W+S+N.I.

(1) Regulations and orders under this Part shall be made [F1 by a Minister of the Crown or the Scottish Ministers] by statutory instrument.

[F2 (1A) Any power of the Department of Justice in Northern Ireland under this Part to make regulations or an order is exercisable by statutory rule for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.]

(2) An order under section 1(4), 5(1) or 13(1) may not be made by a Minister of the Crown unless a draft has been laid before and approved by resolution of each House of Parliament.

(3) An order under section 1(4), 5(2) or 13(2) may not be made by the Scottish Ministers unless a draft has been laid before and approved by resolution of the Scottish Parliament.

[F3 (3A) An order under section 1(4), 5(1) or 13(1) may not be made by the Department of Justice in Northern Ireland unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

(3B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

(4) Regulations made by a Minister of the Crown under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations made by the Scottish Ministers under this Part shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

[F4 (5A) Regulations made by the Department of Justice in Northern Ireland under this Part are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(6) Regulations or an order under this Part—

(a) may make provision which applies generally or only in specified circumstances or for a specified purpose,

(b) may make different provision for different circumstances or purposes, and

(c) may make incidental, consequential or transitional provision.

Annotations:

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.

Amendments (Textual)

F1 Words in s. 17(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 108(2) (with arts. 28-31, Sch. 3 para. 110)

F2 S. 17(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 108(3) (with arts. 28-31, Sch. 3 para. 110)

F3 S. 17(3A)(3B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 108(4) (with arts. 28-31, Sch. 3 para. 110)

F4 S. 17(5A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 108(5) (with arts. 28-31, Sch. 3 para. 110)

Commencement Information

I1 S. 17 partly in force; s. 17 not in force at Royal Assent see s. 34; s. 17(6) in force for specified purposes at 22.7.2005 and s. 17(1)(2)(4) in force for specified purposes at 14.11.2005 by S.I. 2005/2040, arts. 2(g), 3(l); s. 17(3)(5) in force and s. 17(1)(6) in force for specified purposes (S.) at 6.10.2005 by S.S.I. 2005/493, art. 3(l)(m)

Marginal Citations

M1 S.I. 1979/1573 (N.I. 12).