Private Security Industry Act 2001

24 Orders and regulationsE+W+S

This section has no associated Explanatory Notes

(1)In this Act “prescribed” means prescribed by regulations made by the Secretary of State, or determined in any such manner and by such person as may be provided for in any such regulations; and “prescribe” shall be construed accordingly.

[F1(1A)But in Scotland “prescribed” in paragraph 8(3)(d) of Schedule 2 to this Act includes prescribed by regulations made by the Scottish Ministers.]

(2)Every power of the Secretary of State [F2or the Scottish Ministers] under this Act to make an order or regulations shall be exercisable by statutory instrument.

(3)A statutory instrument containing any order or regulations made under any provision of this Act, other than one containing either—

(a)an order under section 26(2); or

(b)an order a draft of which has been approved for the purposes of paragraph 1(3) or 7(3) of Schedule 2, [F3or

(c)an order or regulations made by the Scottish Ministers,]

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F4(3A)A statutory instrument containing an order or regulations made by the Scottish Ministers, other than an order under section 26(2), shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(4)Before—

(a)making any regulations under any provision of this Act,

(b)making any order under any provision of this Act other than paragraph 1(2) or 7(2) of Schedule 2, or

(c)laying any draft order under paragraph 1(2) or 7(2) of Schedule 2 before Parliament,

the Secretary of State shall consult [F5the Scottish Ministers (except where the order is made by virtue of section 3(2)(j)) and] the Authority.

(5)Any order or regulations made under any of the preceding provisions of this Act or any provision contained in a Schedule to this Act may—

(a)make different provisions for different cases;

(b)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit [F6(or where the order is, or regulations are, made by the Scottish Ministers, as the Scottish Ministers think fit)].

Textual Amendments

F3S. 24(3)(c) and word inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 11(c); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

Commencement Information

I1S. 24 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I2S. 24 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3