(1)Any power to make regulations or an order under this Act includes power—
(a)to make different provision for different purposes;
(b)to make different provision for different cases or areas;
(c)to make incidental, supplementary, consequential or transitional provision or savings.
(2)Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument.
(3)The Secretary of State may not make a statutory instrument containing regulations under section 12 [F1, 12B(1)(b)] or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(4)The Secretary of State may not make a statutory instrument containing [F2the first regulations under section 9A or] the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(5)A statutory instrument containing—
(a)any regulations made by the Secretary of State under this Act [F3to which neither of subsections (3) and (4) applies],
(b)an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or
(c)an order made by the Secretary of State under section 11(1)(d) or section 65(2),
is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7).
[F4(7)Any statutory instrument containing regulations made under section 26 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(8)Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]
Textual Amendments
F1Words in s. 66(3) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 194(7), 269; S.I. 2010/303, art. 3, Sch. 2
F2Words in s. 66(4) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 195(2)(a), 269; S.I. 2009/3317, art. 2, Sch.
F3Words in s. 66(5)(a) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 195(2)(b), 269; S.I. 2009/3317, art. 2, Sch.
F4S. 66(7)(8) inserted (W.) (10.1.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 4(4), 75; S.I. 2010/2994, art. 2