PART 9

MISCELLANEOUS AND GENERAL

General

Orders and regulations
142
1
A power to make an order or regulations under this Act is to be exercised by statutory instrument.
2
A power to make an order or regulations under this Act includes power—
a
to make different provision for different cases or classes of case, different areas or different purposes;
b
to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;
c
to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the person making the order or regulations considers appropriate.
3
A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—
a
in Part 1—
i
an order made under section 2(1)(c), 3, 5(f), 6(3), 7(4), 8(f), 10(4)(d), 12(3)(d), 14(3), 20(7) or 29(5);
ii
regulations made under section 19(2);
b
in Part 2—
i
an order made under section 57(4), 59(3), 72, 80(5)(b)(i), 80(8) or 81(4);
ii
regulations made under section 78(1) or 86(1) and regulations made by the Welsh Ministers under paragraph 1 of Schedule 2;
c
in Part 3, an order made under section 101 or 109;
d
in this Part, regulations made under section 144 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.
4
Any other statutory instrument containing an order or regulations made by the Welsh Ministers under this Act other than an order made under section 40(7) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
5
A statutory instrument containing an order made under section 80(5)(b)(ii) may not be made unless a draft of the instrument has been laid before, and approved by resolution of—
a
each House of Parliament, and
b
the National Assembly for Wales.
6
A statutory instrument containing regulations made by the Secretary of State under paragraph 1 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
7
This section does not apply to an order made under section 145 (commencement).