PART 9Miscellaneous and general

Final provisions

93Regulations

1

Regulations made by the Secretary of State or the Chancellor of the Duchy of Lancaster under this Act are to be made by statutory instrument.

2

A statutory instrument containing (whether alone or with other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

a

regulations under section 3 which amend or repeal primary legislation,

b

regulations under section 6,

c

regulations under section 11 which amend or repeal primary legislation,

d

regulations under section 14, 15 or 21,

e

regulations under section 36(2),

f

regulations under section 42(1) or (2),

g

regulations under section 73(1) or (2),

h

regulations under section 78(9),

i

regulations under section 79(1),

j

passport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,

k

regulations under section 92(2) which amend or repeal primary legislation,

l

regulations under paragraph 1(13) of Schedule 6, and

m

regulations under paragraph 2(7) of that Schedule.

3

Primary legislation means any of the following—

a

an Act of Parliament;

b

an Act of the Scottish Parliament;

c

a Measure or Act of the National Assembly for Wales;

d

Northern Ireland legislation.

4

A statutory instrument—

a

containing any other regulations made by the Secretary of State or the Chancellor of the Duchy of Lancaster under this Act, and

b

to which subsection (2) does not apply,

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

5

Subsection (4) does not apply to regulations under section 92(1) or 94(1).

6

Regulations made by the Secretary of State or the Chancellor of the Duchy of Lancaster under this Act—

a

may make different provision for different purposes or areas,

b

may make provision which applies generally or for particular purposes or areas,

c

may make transitional, transitory or saving provision, or

d

may make incidental, supplementary or consequential provision.