(1)Any power conferred by this Act on the Secretary of [F1State or] [F2on the Lord Chancellor,] F3... to make regulations shall be exercisable by statutory instrument.
(2)Before making any regulations under any provision of this Act except sections F4... 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of StateF5... shall consult with such representative organisations as he F6... fit.
(3)A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 [F7, 101B] or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F8(3A)Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.]
[F9(3B)Before making regulations under section 25 or 64 the Secretary of State must consult with the Welsh Ministers.]
(4)Regulations made[F10by the Secretary of State] under section 86 or section 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.
(5)No regulations shall be made under section 97 [F11or section 101B] of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
[F12(6)Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.
(7)Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.
(8)Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.]
[F13(9)Any power conferred by this Act on the Welsh Ministers to make regulations is exercisable by statutory instrument.
(10)Before making regulations under a provision of this Act (except sections 103(1), 108 to 110, Schedule 4, Schedule 8 and Schedule 12), the Welsh Ministers must consult with such representative organisations as they think fit.
(11)A statutory instrument containing regulations made by the Welsh Ministers under this Act (except section 86) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12)Regulations made by the Welsh Ministers under section 86 do not have effect unless approved by a resolution of the National Assembly for Wales.
(13)Before making regulations under section 25 or 64 the Welsh Ministers must consult with the Secretary of State.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 134(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(2)(a)
F2Words in s. 134(1) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(2) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
F3Words in s. 134(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(2)(b)
F4Word in s. 134(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(a)
F5Words in s. 134(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(b)
F6Word in s. 134(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(c)
F7Words in s. 134(3) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(3) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
F8S. 134(3A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(4)
F9S. 134(3B) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 43(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
F10Words in s. 134(4) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 21(19), 44(5); S.I. 2012/1710, art. 2(k)
F11Words in s. 134(5) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(5) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
F12S. 134 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(5)
F13S. 134(9)-(13) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 43(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
(1)Any power conferred by this Act on the Secretary of [F1State or] [F14on the Lord Chancellor,] F3... to make regulations shall be exercisable by statutory instrument.
(2)Before making any regulations under any provision of this Act except sections F4... 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of StateF5... shall consult with such representative organisations as he [F6thinks ] fit.
(3)A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 [F15, 101B] or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F8(3A)Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.]
[F9(3B)Before making regulations under section 25 or 64 the Secretary of State must consult with the Welsh Ministers.]
(4)Regulations made [F10by the Secretary of State] under section 86 [F16, 132A or] 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.
(5)No regulations shall be made under section 97 [F17or section 101B] of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
[F12(6)Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.
(7)Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.
(8)Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.]
[F13(9)Any power conferred by this Act on the Welsh Ministers to make regulations is exercisable by statutory instrument.
(10)Before making regulations under a provision of this Act (except sections 103(1), 108 to 110, Schedule 4, Schedule 8 and Schedule 12), the Welsh Ministers must consult with such representative organisations as they think fit.
(11)A statutory instrument containing regulations made by the Welsh Ministers under this Act (except section 86) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12)Regulations made by the Welsh Ministers under section 86 do not have effect unless approved by a resolution of the National Assembly for Wales.
(13)Before making regulations under section 25 or 64 the Welsh Ministers must consult with the Secretary of State.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Words in s. 134(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(2)(a)
F3Words in s. 134(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(2)(b)
F4Word in s. 134(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(a)
F5Words in s. 134(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(b)
F6Word in s. 134(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(3)(c)
F8S. 134(3A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(4)
F9S. 134(3B) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 43(2) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
F10Words in s. 134(4) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 21(19), 44(5); S.I. 2012/1710, art. 2(k)
F12S. 134 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 12(5)
F13S. 134(9)-(13) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 43(3) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(r)
F14Words in s. 134(1) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(2) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
F15Words in s. 134(3) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(3) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
F16Words in s. 134(4) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(43)
F17Words in s. 134(5) inserted by The Lord Chancellor (Modification of Functions) Order 2007 (S.I. 2007/1756), art. 3(4) (the said S.I. 2007/1756 coming into force on the day on which para. 3(2) of Sch. 11 to the Traffic Management Act 2004 comes into force for E.; and by S.I. 2007/2053, art. 2(2)(j) and {art. 3(2)(g)}, the said para. 3(2) of Sch. 11 was brought into force for E. on 23.7.2007 for certain purposes and on 31.3.2008 for remaining purposes.)
Modifications etc. (not altering text)
C1S. 132(1) modified (4.10.1999) by S.S.I. 1999/59, art. 5(1), Sch. 3 Pt. I
C2S. 134 modified (3.5.2017) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Angus Council) Designation Order 2017 (S.S.I. 2017/79), arts. 1, 5, sch. 3 para. 6 (which amending provision is revoked (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 5(4)(a) (with sch. 1))