National Health Service Act 1977

126 Orders and regulations, and directions

(1) Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

(a) is subject to paragraph 15(3) of Schedule 5 to this Act;

(b) does not apply to paragraph 10 of Schedule 11 to this Act.

(2) Any power to make regulations conferred on the Secretary of State by this Act 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 paragraph 1(1) of Schedule 12 to this Act 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 any provision of this Act—

(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.

In relation to directions given by the Secretary of State in pursuance of sections 13 to 17 above this subsection is subject to section 18 above.

(4) Any power conferred by this Act to make orders, regulations or schemes, and any power conferred by section 18 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 or that section,

(iii) any such provision either unconditionally, or subject to any specified condition,

and includes power to make such incidental or supplemental provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not 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).