Higher Education Act 2004

47Orders and regulationsU.K.

This section has no associated Explanatory Notes

(1)Any power—

(a)of the Secretary of State or the Assembly to make an order or regulations under this Act, or

(b)of the Scottish Ministers to make an order under this Act,

is exercisable by statutory instrument.

(2)Any statutory instrument containing—

(a)an order made by the Secretary of State under section 18, or

(b)regulations made by the Secretary of State under any provision of this Act,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subsection (2) does not apply to—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulations to which paragraph 12(3) of Schedule 2 applies, or

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any order or regulations under this Act may—

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

(b)make provision generally or only in relation to specified cases, and

(c)contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.

(6)Nothing in this Act is to be regarded as affecting the generality of subsection (5).

Textual Amendments

F1S. 47(3)(a) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(3)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)

F2S. 47(3)(c) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(3)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)

F3S. 47(4) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 30(3)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 13-16)