PART 10

General provisions

Orders and regulations
135
1
A power to make an order or regulations under this Act is exercisable by statutory instrument.
2
A power to make an order or regulations under this Act includes power—
a
to make different provision for different purposes (including different areas);
b
to make provision generally or in relation to specific cases.
3
A power to make an order or regulations under this Act (except a power conferred by section 78(6), 137 or 139) includes power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
4
Subject to subsection (5), a statutory instrument that contains an order or regulations made under this Act by the Secretary of State or the Lord Chancellor is subject to annulment in pursuance of a resolution of either House of Parliament.
5
Subsection (4) does not apply to—
a
a statutory instrument containing an order under section 78(6), 137 or 139, or
b
a statutory instrument to which subsection (6) applies.
6
A statutory instrument containing (whether alone or with other provision)—
a
the first regulations to be made under section 49,
b
an order under section 58(1) or 59(1),
c
regulations under section 70(3),
d
regulations under section 92 or 93,
e
regulations under subsection (6), (8), (9) or (10) of section 94,
f
regulations under subsection (11) of that section which amend, repeal or revoke any provision of an enactment within the meaning of that section, or
g
an order under section 136 which amends or repeals any provision of primary legislation,
is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7
“Primary legislation” means—
a
an Act of Parliament;
b
a Measure or Act of the National Assembly for Wales.