Part 4Market Studies and Market Investigations

Chapter 4Supplementary

Other

181 Orders F1and regulations under Part 4

(1)

Any power of the Secretary of State to make an order F2or regulations under this Part shall be exercisable by statutory instrument.

(2)

Any power of the Secretary of State to make an order F3or regulations under this Part—

(a)

may be exercised so as to make different provision for different cases or different purposes;

(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 F4131C(1), 136(9), 137(3), 138B(6), 144(2), 153(3) or 168(8) as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4)

An order made by the Secretary of State under section F5131C(1), 137(3), 138B(6), 144(2), 158, 160 F6, 161, F7... or under section 114(3)(b) or (4)(b) as applied by F8section 174A(10), F9is subject to the negative procedure.

F10(4A)

Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.

(5)

F11An order made by the Secretary of State under section 136(9) or 168(8), or section 128(6) as applied by section 183(2), F12is subject to the affirmative procedure.

F13(5A)

Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.

(5B)

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.

(6)

An order made by the Secretary of State under section 153(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.

(7)

In calculating the period of 28 days mentioned in subsection (6), 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.

(8)

If an order made by the Secretary of State ceases to have effect by virtue of subsection (6), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to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.

(9)

If, apart from this subsection, an order made by the Secretary of State under section 153(3) 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.

(10)

References in this section to an order made under this Part include references to an order made under section F14... 114(3)(b) or (4)(b) as applied by section F15174A(10) and an order made under section 128(6) as applied by section 183(2).

F16(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.