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PART 10General provisions

135Orders and regulations

(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.