Part V

Miscellaneous and general

General

Orders and regulations.
152
1
Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
2
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—
a
an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or
b
regulations made by the Secretary of State under any provision of this Act.
2A
Subsection (2) does not apply to a statutory instrument that contains regulations to which subsection (2B) applies
or an order to which subsection (2C) applies
.
2B
The first regulations under section 18A(2) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
2C
An order under section 4B(6) or paragraph 9 of Schedule 1A may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
2D
If a draft of an order under paragraph 9 of Schedule 1A would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
3
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.
4
The power of the Department for Employment and Learning in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
5
An order or regulations under this Act may make different provision for different purposes.
6
An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
Words in s. 152(4) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)
S.I. 1979/1573 (N.I. 12).
1954 c. 33 (N.I).
S. 152(2A)(2B) inserted (31.1.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 15; S.I. 2007/3505, art. 3(d)
Words in s. 152(2A) inserted (19.6.2009 for specified purposes, 1.8.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 86(6), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2
S. 152(2C)(2D) inserted (19.6.2009 for specified purposes, 1.8.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 86(7), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2