Part 4Supplementary and final provisions
320Orders and regulations
1
The power of the Secretary of State, the Treasury or the Welsh Ministers to make orders or regulations under this Act—
a
is exercisable by statutory instrument,
b
may be exercised so as to make provision generally or subject to exceptions or only in relation to specified cases or circumstances or descriptions of case,
c
may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
d
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
2
Subsection (1) does not apply to orders under—
a
paragraph 3 of Schedule 3, or
b
Schedule 4.
3
An instrument containing—
a
an order under section 13, 114 or 229,
b
an order of the Secretary of State under section 321,
c
an order of the Secretary of State under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11,
d
regulations under section 70 or 72, or
e
regulations of the Secretary of State under section 280(3) or 291,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Subsection (3) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.
5
If a draft of an instrument containing an order under section 13 would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
6
An instrument containing an order under section 23 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
7
An instrument containing—
a
an order under section 36 or Part 2 (excluding sections 114 and 229),
b
an order of the Secretary of State under section 321 to which subsection (3) above does not apply,
c
an order of the Secretary of State under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,
d
regulations under Part 2 (excluding sections 70 and 72),
e
regulations of the Secretary of State under Chapter 1 of Part 3 (including Schedule 10 but excluding sections 280(3) and 291),
f
regulations of the Secretary of State under section 298, or
g
regulations under Part 3 of Schedule 3,
is subject to annulment in pursuance of a resolution of either House of Parliament.
8
An instrument containing—
a
an order of the Welsh Ministers under section 321,
b
an order of the Welsh Ministers under paragraph 19(4), 21(2) or (4) or 24 of Schedule 11, or
c
regulations of the Welsh Ministers under section 280(3) or 291,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
9
Subsection (8) does not apply to an instrument containing an order under section 321 if the order does not amend or repeal a provision of a public general Act.
10
An instrument containing—
a
an order of the Welsh Ministers under section 321 to which subsection (8) above does not apply,
b
an order of the Welsh Ministers under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule 11,
c
regulations of the Welsh Ministers under Chapter 1 of Part 3 (including Schedule 10 but excluding section 280(3) or 291), or
d
regulations of the Welsh Ministers under section 298,
is subject to annulment in pursuance of a resolution of the National Assembly for Wales.