Search Legislation

Localism Act 2011

Status:

This is the original version (as it was originally enacted).

235Orders and regulations

This section has no associated Explanatory Notes

(1)Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

(2)Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act (other than a power under section 240) includes—

(a)power to make different provision for different cases, circumstances or areas, and

(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

(3)The power under subsection (2)(a) includes, in particular, power to make different provision for different authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).

(4)Provision or savings made under subsection (2)(b) may take the form of amendments, or revocations, of provisions of an instrument made under legislation.

(5)The generality of the power under subsection (2)(a) is not to be taken to be prejudiced by any specific provision of this Act authorising differential provision.

(6)A Minister of the Crown may not make an order or regulations to which subsection (7) applies unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(7)This subsection applies to—

(a)an order under section 5(2) that—

(i)amends any Act or provision of an Act, and

(ii)is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);

(b)an order under section 5(3), other than one that is made only for the purpose mentioned in section 7(5)(b);

(c)an order under section 5(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;

(d)an order under section 8(2);

(e)an order under section 52;

(f)regulations under section 81(2)(d), (6)(e) or (10) or 83(11);

(g)an order under section 87(4) or 96(7);

(h)regulations under section 101;

(i)an order under section 106(2) or 107(6);

(j)regulations under section 117;

(k)an order or regulations under section 236 which amend or repeal a provision of an Act otherwise than in consequence of provision made by or under section 232;

(l)an order or regulations under section 236 which, in consequence of provision made by section 232, amend or repeal a provision of an Act other than a local or private Act.

(8)A statutory instrument that—

(a)contains an order or regulations made by a Minister of the Crown under this Act,

(b)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, and

(c)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,

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

(9)Subsection (8) does not apply to—

(a)an order under section 5(1) (but see section 7),

(b)an order under section 5(2) which (in reliance on section 7(4)) is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3),

(c)an order under section 15 (but see section 19),

(d)an order or regulations under Schedule 24, or

(e)an order under section 240.

(10)A statutory instrument that contains an order or regulations made by the Treasury under Schedule 24 is subject to annulment in pursuance of a resolution of the House of Commons.

(11)The Welsh Ministers may not make—

(a)an order or regulations under section 236 which amend or repeal a provision of legislation,

(b)an order under section 62,

(c)an order under section 87(4) or 96(7),

(d)regulations under section 101, or

(e)an order under section 106(4) or 107(6),

unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, the National Assembly for Wales.

(12)A statutory instrument that—

(a)contains an order or regulations made by the Welsh Ministers under this Act, and

(b)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales,

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

(13)Subsection (12) does not apply to an order under section 240.

(14)If a draft of a statutory instrument containing an order under section 52 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(15)In this section—

  • “legislation” means—

    (a)

    an Act, or

    (b)

    a Measure or Act of the National Assembly for Wales;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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

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