(1)Regulations under this Act, other than regulations made by the Scottish Ministers under section 1 [F1, 153A] or 154(1), are to be made by statutory instrument.
(2)Regulations under this Act may make—
(a)different provision for different purposes or cases;
(b)different provision for different areas;
(c)provision generally or for specific cases;
(d)provision subject to exceptions;
(e)incidental, supplementary, consequential, transitional or transitory provision or savings.
(3)Where regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Where regulations under this Act are subject to “affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.
(5)Any provision that may be included in an instrument under this Act for which no Parliamentary procedure is prescribed may be made by regulations subject to negative or affirmative resolution procedure.
(6)Any provision that may be included in an instrument under this Act subject to negative resolution procedure may be made by regulations subject to affirmative resolution procedure.
Textual Amendments
F1Word in s. 161(1) inserted (1.2.2017) by Enterprise Act 2016 (c. 12), s. 44(4)(b), Sch. 6 para. 3; S.I. 2017/70, reg. 2(c)