PART 8General provisions

55Regulations and orders

1

Regulations and orders made by the Secretary of State, the Treasury or the Welsh Ministers under this Act are to be made by statutory instrument.

2

A statutory instrument which contains an order under section 1—

a

appointing a strategic highways company for an area other than the whole of England, and

b

which is the first exercise of the power in respect of such an area,

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

3

A statutory instrument which contains an order under section 1—

a

appointing a strategic highways company for an area other than the whole of England, and

b

which is a subsequent exercise of the power in respect of such an area,

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

4

A statutory instrument F3made by the Secretary of State containing (whether alone or with other provisions)—

a

regulations under section 18,

b

regulations under section 38 F1...,

c

regulations under section 45, 46, 47F4, 48 or 49, or

d

regulations under section 19(1)(a), 30 or 53 which amend, repeal or modify the application of an Act,

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

5

Subsection (4) does not apply to a statutory instrument containing only regulations under section 38(5)(b).

F25A

A statutory instrument made by the Welsh Ministers containing regulations under section 45, 46 or 48 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.

6

A statutory instrument—

a

which contains regulations under this Act other than under section 16 or 57, and

b

to which subsection (4) F5or (5A) does not apply,

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

7

A statutory instrument which contains regulations under section 16 is subject to annulment in pursuance of a resolution of the House of Commons.

8

A power to make regulations under this Act may be used—

a

to make different provision for different purposes;

b

in relation to all or only some of the purposes for which it may be used.

9

Regulations under this Act may include incidental, supplementary, consequential, transitional, transitory or saving provision.

10

Subsections (8) and (9) do not apply to regulations under section 57.