Part X Miscellaneous and general

Supplementary

156 Orders and regulations.

1

Any power of the Secretary of State to make any order or regulations under this Act shall be exercised by statutory instrument.

2

Subject to F18subsections (3) to (4A), 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.

3

Subsection (2) does not apply to—

F12za

an order under section 100B(8);

a

any order under F15... 163(2) or paragraph 14(7) of Schedule 1; F17...

F11aa

any order under paragraph 3(7) of Schedule 8, other than an order of the Welsh Ministers;

b

any order made in pursuance of section 155(2)(a).

4

Subsection (2) also does not apply to any order under—

F10a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

section 51(4),

c

section 67(1),

F5ca

any provision of Chapter 6 of Part 4;

F4d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1da

section 71F(13),

db

section 71H(4),

dc

section 71U(1),

F6dd

any provision of Chapter 2 of Part 4A,

F8de

section 88(9),

e

section 101(4),

f

section 108(3),

g

section 109(6),

h

section 129,

F2ha

paragraph 9 of Schedule 6A,

i

paragraph 3(4) of Schedule 7,

F3ia

paragraph 2(9) or 4(4) of Schedule 7A,

j

paragraph 4 of Schedule 8,

F9ja

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.

F164A

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; and subsection (2) does not apply to such an order.

F144B

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

Subsection (4B) does not apply to an order falling within subsection F13(3)(a) or (b).

4D

Subsection (4B) does not apply to an order falling within subsection (4), and any such order 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 F7or the Scottish Ministers under this Act may—

a

contain such consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments) as the Secretary of State F7or the Scottish Ministers considers appropriate; and

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.