Supplemental

24 Orders and regulations

(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 MinistersF2; and in Northern Ireland “prescribed” in that paragraph includes prescribed by regulations made by the Department of Justice.

(2)

Every power of the Secretary of State F3or 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, F4or

(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.

F5(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.

F6(3B)

Any power of the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(3C)

Orders and regulations made by the Department of Justice under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(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 F7the Scottish Ministers F8(except where the order is made by virtue of section 3(2)(j)) F9, the Department of Justice and the Authority.

F10(4A)

Before making any order or regulations under any provision of this Act, the Department of Justice shall consult 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 F11(or where the order is, or regulations are, made by the Scottish Ministers, as the Scottish Ministers think fitF12, or where the order is, or the regulations are, made by the Department of Justice, as the Department of Justice thinks fit).