Part IX General and supplemental

Chapter II Supplemental

118 Orders and regulations.

(1)

Any power conferred on the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act except an order under section 38 or 79(3) shall be exercised by statutory instrument.

(2)

An order making any provision by virtue of section 119(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

F1(2A)

A statutory instrument containing (alone or with other provision) regulations to which subsection (2B) applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2B)

This subsection applies to regulations under—

(a)

section 30ZE(2);

F2(b)

section 30ZK;

F3(c)

paragraph 4(2) of Schedule 1A.

(3)

Subject to F4subsections (2) or (2A), an instrument containing regulations or an order made by the Secretary of State, except an instrument containing an order under section 122, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In subsection (2) and this subsection, references to the Secretary of State include the Secretary of State and the Assembly acting jointly.

(4)

Subsections (5) to (7) apply to any power of the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this ActF5...

(5)

The power may be exercised 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.

(6)

The power may be exercised so as to make, as respects the cases in relation to which it is exercised—

(a)

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;

(b)

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

(7)

The power may be exercised so as to make—

(a)

any supplementary, incidental or consequential provision,

(b)

any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

(8)

The provision which, by virtue of subsection (7), may be made by regulations F6or an order under the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.