Part 18

Miscellaneous and General

General

Regulations, orders and rules
355
1
Regulations or rules under this Act, or an order of the Secretary of State , the Welsh Ministers or the Scottish Ministers under this Act—
a
may make provision which applies generally or only for specified purposes or in specified cases or circumstances,
b
may make different provision for different purposes, cases or circumstances, and
c
may include incidental, consequential or transitional provision.
2
A provision of this Act which permits regulations, rules or an order to make provision of a specified kind is without prejudice to the generality of subsection (1).
3
Regulations or rules under this Act, or an order of the Secretary of State or the Welsh Ministers under this Act, shall be made by statutory instrument.
4
Regulations under any of the following provisions shall not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament—
a
section 4,
b
section 6,
c
section 7,
d
section 14,
e
section 78,
f
section 123,
g
section 167,
h
section 168,
i
section 236, and
j
section 328.
5
Regulations or rules made by a Minister of the Crown under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
An order of the Secretary of State under this Act shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (subject to subsections (7) and (8)).
7
Subsection (6) shall not apply to an order under section 349(6), to an order under section 351 other than an order adding an entry to the list in Part 2 or 3 of Schedule 6 or to an order under Part 2 of Schedule 7 or Part 2 of Schedule 18, which shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.
8
Subsection (6) shall not apply to an order under section 358; but—
a
an order under section 358(1) which includes provision made by virtue of section 358(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
an order under section 358(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
8A
An order of the Welsh Ministers under section 172 shall not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.
9
Subsection (3) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).
10
Regulations made by the Scottish Ministers under a provision specified in subsection (4), or under section 285, and an order made by the Scottish Ministers under section 172, shall be subject to the affirmative procedure.
11
Any other regulations made by the Scottish Ministers under a provision of this Act shall be subject to the negative procedure.
S. 355 in force at 28.8.2005 by S.I. 2005/2425, art. 2
S. 355(9)-(11) substituted for s. 355(9)(10) (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(5)(b), 72(7) (with s. 52(6))
Words in s. 355(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(5)(a), 72(7) (with s. 52(6))
S. 355(8A) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 58(2)(c), 71(4) (with s. 58(3), Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
Words in s. 355(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 58(2)(a), 71(4) (with s. 58(3), Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
Words in s. 355(3) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 58(2)(b), 71(4) (with s. 58(3), Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)