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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Orders and regulations made by the Secretary of State or the Scottish Ministers under this Act are to be made by statutory instrument.
(2)An instrument to which this subsection applies may—
(a)provide for a person to exercise a discretion in dealing with any matter;
(b)include incidental, supplementary and consequential provision;
(c)make transitory or transitional provisions or savings;
(d)make provision generally, only in relation to specified cases or subject to exceptions (including provision for a case to be excepted only so long as conditions specified in the instrument are satisfied);
(e)make different provision for different cases or circumstances or for different purposes.
(3)Subsection (2) applies to—
(a)an Order in Council under this Act,
(b)an order or regulations made by the Secretary of State or the Scottish Ministers under this Act (other than an order which contains provision made under section 110 (commencement) only).
(4)The provision which may be made by virtue of subsection (2)(b) or (c) includes provision modifying any provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made).
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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.
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