Search Legislation

Housing and Regeneration Act 2008

Status:

This is the original version (as it was originally enacted).

320Orders and regulations

This section has no associated Explanatory Notes

(1)The power of the Secretary of State, the Treasury or the Welsh Ministers to make orders or regulations under this Act—

(a)is exercisable by statutory instrument,

(b)may be exercised so as to make provision generally or subject to exceptions or only in relation to specified cases or circumstances or descriptions of case,

(c)may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

(d)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2)Subsection (1) does not apply to orders under—

(a)paragraph 3 of Schedule 3, or

(b)Schedule 4.

(3)An instrument containing—

(a)an order under section 13, 114 or 229,

(b)an order of the Secretary of State under section 321,

(c)an order of the Secretary of State under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11,

(d)regulations under section 70 or 72, or

(e)regulations of the Secretary of State under section 280(3) or 291,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)Subsection (3) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.

(5)If a draft of an instrument containing an order under section 13 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(6)An instrument containing an order under section 23 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

(7)An instrument containing—

(a)an order under section 36 or Part 2 (excluding sections 114 and 229),

(b)an order of the Secretary of State under section 321 to which subsection (3) above does not apply,

(c)an order of the Secretary of State under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,

(d)regulations under Part 2 (excluding sections 70 and 72),

(e)regulations of the Secretary of State under Chapter 1 of Part 3 (including Schedule 10 but excluding sections 280(3) and 291),

(f)regulations of the Secretary of State under section 298, or

(g)regulations under Part 3 of Schedule 3,

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

(8)An instrument containing—

(a)an order of the Welsh Ministers under section 321,

(b)an order of the Welsh Ministers under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11, or

(c)regulations of the Welsh Ministers under section 280(3) or 291,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(9)Subsection (8) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.

(10)An instrument containing—

(a)an order of the Welsh Ministers under section 321 to which subsection (8) above does not apply,

(b)an order of the Welsh Ministers under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,

(c)regulations of the Welsh Ministers under Chapter 1 of Part 3 (including Schedule 10 but excluding section 280(3) or 291), or

(d)regulations of the Welsh Ministers under section 298,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

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:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources