Health Act 1999

Manner of exercise of power

2 (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.

(2) But an Order may not amend the [1968 c. 67.] Medicines Act 1968.

(3) Sub-paragraph (2) does not prevent an Order amending—

(a) sections 80 to 83 of that Act (disqualification, and removal of premises from register), or

(b) (in pursuance of section 62(4)) any other provision of Part IV of that Act (pharmacies).

3 The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.

4 The power may be exercised so as to make provision for the charging of fees.

5 The power may be exercised so as to—

(a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers or the National Assembly for Wales, or

(b) modify their functions.

6 The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.