Part X Miscellaneous and general
Supplementary
156 Orders and regulations.
(1)
Any power of the Secretary of State F1or the Welsh Ministers to make any order or regulations under this Act shall be exercised by statutory instrument.
(2)
Subject to F2subsections (3) to (4A),
F3(a)
a statutory instrument containing any order or regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament;
F4(b)
a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of Senedd Cymru.
(3)
Subsection (2) does not apply to—
F5(za)
an order under section 100B(8);
F6(zb)
an order under section 100C(8);
(b)
any order made in pursuance of section 155(2)(a).
(4)
Subsection (2) also does not apply to any order under—
F11(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
section 51(4),
(c)
section 67(1),
F12(ca)
any provision of Chapter 6 of Part 4;
F13(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(da)
section 71F(13),
(db)
section 71H(4),
(dc)
section 71U(1),
F15(dd)
any provision of Chapter 2 of Part 4A,
F16(de)
section 88(9),
F17(df)
section 88(11),
(e)
section 101(4),
(f)
section 108(3),
(g)
section 109(6),
(h)
section 129,
F18(ha)
paragraph 9 of Schedule 6A,
(i)
paragraph 3(4) of Schedule 7,
F19(ia)
paragraph 2(9) or 4(4) of Schedule 7A,
(j)
paragraph 4 of Schedule 8,
F20(ja)
paragraph 4 of Schedule 8A,
(k)
paragraph 3(4) of Schedule 11,
(l)
paragraph 4 of Schedule 13,
(m)
paragraph 2 of Schedule 14, or
(n)
paragraph 3(4) of Schedule 15;
and no such order shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament F21(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru.
F22(4A)
An order under paragraph 16 of Schedule 19C that contains—
(a)
provision made by virtue of paragraph 1(1), (2), (3), (4) or (5), paragraph 5(1), (2), (3) or (4), paragraph 10(2)(b) or (3)(b) or paragraph 15(1)(a) of that Schedule, or
(b)
provision amending an Act,
shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament F23(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru; and subsection (2) does not apply to such an order.
F24(4B)
Subject to subsections (4C) and (4D), any order or regulations made under this Act by the Scottish Ministers shall be subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(4C)
(4D)
Subsection (4B) does not apply to F27any regulations under section 88(11) or an order falling within subsection (4), and any F28such regulations or orders made by the Scottish Ministers shall be subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(5)
Any order or regulations made by the Secretary of State F29, the Welsh Ministers, F30or the Scottish Ministers under this Act may—
(a)
(b)
make different provision for different cases.
(6)
Nothing in this Act shall be read as affecting the generality of subsection (5) (including that subsection as applied by section 19(9)).
(7)
Paragraphs 21 to 23 of Schedule 1 contain provisions relating to regulations made by the Commission.