Part VI Miscellaneous and Supplementary

Supplementary

C1126 Orders and regulations, and directions.

1

Any power to make orders F1, rules or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall F2, unless it is a PCT order F3or an instrument made by the National Assembly for Wales , be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

does not apply to F5an order made under section 28EE(2) F6or section 84A above, paragraph 20, 21 or 23 of Schedule 5A to this Act F7, paragraph 19, 20 or 22 of Schedule 5B to this Act or to paragraph 10 of Schedule 11 to this Act.

2

Any power to make regulations conferred on the Secretary of State by this Act F8or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

a

regulations made under section 32 above;

b

regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act F8or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

c

regulations made under paragraph 2(2) of that Schedule;

d

regulations made under paragraph 2(6) of that Schedule.

3

Where under F9or by virtue of any provision of this Act F8or Part I of the National Health Service and Community Care Act 1990—

a

power to make an order may be exercisable, or

b

directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

F103A

Directions given by the Secretary of State F11or by a F12Strategic Health Authority or Health Authority in pursuance of any provision of this Act or Part I of the M1National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

3B

In relation to directions given in pursuance of F13section 16BB or sections F1416D to 17B above section 18 above applies in place of subsections (3) and (3A) above.

F153C

Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2National Health Service and Community Care Act 1990 shall comply with the directions.

C2C3C4C14

Any power conferred by this Act F8or Part I of the National Health Service and Community Care Act 1990 to make orders F16, rules, regulations or schemes, and any power conferred by F17section 16BB, 18F18or 19A(7) above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

a

either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

b

so as to make, as respects the cases in relation to which it is exercised—

i

the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

ii

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act F8or Part I of the National Health Service and Community Care Act 1990 or that section,

iii

any such provision either unconditionally, or subject to any specified condition,

and includes power to make such F19supplementary, incidental, consequential, transitory, transitional or saving provision in the orders F16, rules, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act F8or Part I of the National Health Service and Community Care Act 1990 )

F20C3C15

Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection F21(other than a power to make rules) may make different provision for different areas.