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Part XE+W+S General and Supplementary Provisions

134 Provisions as to regulations.E+W

(1)Any power conferred by this Act on the Secretary of State, [F1on the Lord Chancellor,] or on the Ministers acting jointly, to make regulations shall be exercisable by statutory instrument.

(2)Before making any regulations under any provision of this Act except sections [F282(1)(b),] 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of State, or the Ministers acting jointly as the case may be, shall consult with such representative organisations as he or they think 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 [F3, 101B] or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Regulations made 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 [F4or 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.

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) 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.)

F2Words in s. 134(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.77; which substitution is in force for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F3Words 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.)

F4Words 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.)