Modifications etc. (not altering text)
C1Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
C2Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
C3Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
C4Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
C5Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)
C6Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40
C7Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)
C8Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
C9Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)
C10Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))
C11Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))
C12Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
C13Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27); and (23.8.2024) by S.I. 2024/840, regs. 1(1), 3-7; and (1.1.2025) by S.I. 2024/1234, regs. 1(1), 3-10 (with reg. 11))
(1)Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument.
(2)Any power of the Secretary of State to make an order or regulations under this Part—
(a)may be exercised so as to make different provision for different cases or different purposes; and
(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.
(3)The power of the Secretary of State under section 34[F1, 59(6A)] [F2, 70G] or 123 (including that power as extended by subsection (2) above) [F3, or paragraph 15 of Schedule 6B,] may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
(4)The power of the Secretary of State under section [F434ZC(6),] 40(8), [F541B(6),] [F644(11),] 52(8) (including that enactment as applied by section 65(3)), 58(3), F7... [F873B(6)]F9... or 102 as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
(5)F10... An order made by the Secretary of State under section 28 (including that enactment as applied by section 42(5) [F11and 59(5)]), [F1234ZC(6),] 40(8), [F1341B(6),] 52(8) (including that enactment as applied by section 65(3)), [F1459(6A)(a),] [F1570C], [F1673B(6)] F17..., 114(3)(b) or (4)(b) or 121 or Schedule 7 [F18is subject to the negative procedure].
[F19(5A)Regulations made under section 68A, 94AB(9) or 111(9) are subject to the negative procedure.]
(6)[F20An order made] by the Secretary of State under section 34, [F2144(11), [F22section 59(6A)(b)],] F23... 102, 123 or 128(6) [F24is subject to the affirmative procedure].
[F25(6A)Regulations made under section 70G, 94AB(7) or 111(7A), or paragraph 15 of Schedule 6B, are subject to the affirmative procedure.
(6B)Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.]
(7)An order made by the Secretary of State under section 58(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.
(8)In calculating the period of 28 days mentioned in subsection (7), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(9)If an order made by the Secretary of State ceases to have effect by virtue of subsection (7), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.
(10)If, apart from this subsection, an order made by the Secretary of State under section 58(3) [F26or 70G, or paragraph 15 of Schedule 6B] would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
[F27(11)Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(12)Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1Word in s. 124(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F2Word in s. 124(3) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(9)(a)(i) (with s. 130(2)(3))
F3Words in s. 124(3) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(9)(a)(ii) (with s. 130(2)(3))
F4Word in s. 124(4) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Word in s. 124(4) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Word in s. 124(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F7Word in s. 124(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 53(2) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in s. 124(4) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(2)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in s. 124(4) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(2) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F10Words in s. 124(5) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F11Words in s. 124(5) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 53(3) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in s. 124(5) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13Word in s. 124(5) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14Word in s. 124(5) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F15Word in s. 124(5) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(9)(b) (with s. 130(2)(3))
F16Word in s. 124(5) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 8 para. 13(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F17Words in s. 124(5) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(c) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F18Words in s. 124(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(3)(d) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F19S. 124(5A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(4) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F20Words in s. 124(6) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(5)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F21Words in s. 124(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 24(4) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F22Words in s. 124(6) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(5)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F23Word in s. 124(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 53(4) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in s. 124(6) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(5)(c) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F25S. 124(6A)(6B) substituted for s. 124(6A) (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(6) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
F26Words in s. 124(10) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(9)(d) (with s. 130(2)(3))
F27S. 124(11)(12) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 2(7) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
Modifications etc. (not altering text)
C14S. 124 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(aa)(22) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))