Part IV

Supplemental and Transitional

Regulations, orders and rules.
71
1
Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument.
2
The power to make rules which is conferred by section 48 is exercisable by statutory instrument.
3
Any statutory instrument made under this Act may—
a
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
b
make different provision for different cases.
4
An order made under—
a
section 3,
b
section 19,
c
section 36(8),
ca
section 45(8),
cb
section 47C(7),
d
section 50, or
e
paragraph 6(3) of Schedule 4,
is subject to the affirmative procedure.
4A
Regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.
5
Any statutory instrument made under this Act, apart from one made—
a
under any of the provisions mentioned in subsection (4) or (4A), or
b
under section 76(3),
is subject to the negative procedure.
6
Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.
7
Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
8
Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.
S. 71(4)(ca) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(49); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
S. 71(4)(cb) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 16; S.I. 2015/1630, art. 3(j)
Pt. IV modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(3) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))
S. 71(6)-(8) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(5) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
S. 71(4A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(3) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
Words in s. 71(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
Words in s. 71(5)(a) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)