(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[F2; 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 fit[F12, or where the order is, or the regulations are, made by the Department of Justice, as the Department of Justice thinks fit])].
Textual Amendments
F1S. 24(1A) 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(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F2Words in s. 24(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 5(2) (with arts. 28-31)
F3Words in s. 24(2) 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(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F4S. 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)
F5S. 24(3A) 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(d); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F6S. 24(3B)(3C) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 5(3) (with arts. 28-31)
F7Words in s. 24(4) 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(e); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F8Words in s. 24(4) repealed (E.W.) (1.10.2012) by virtue of Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 20(6), Sch. 10 Pt. 3 (with s. 97); S.I. 2012/2075, art. 3(g)
F9Words in s. 24(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 5(4) (with arts. 28-31)
F10S. 24(4A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 5(5) (with arts. 28-31)
F11Words in s. 24(5)(b) added (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(f); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F12Words in s. 24(5)(b) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 5(6) (with arts. 28-31)
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
I3S. 24 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3