Part 6

General

Regulations
168
1
This section applies to regulations under any provision of this Act except—
a
section 138(7)(b) (new homes ombudsman scheme: meaning of “developer”),
b
section 167 (power of Welsh Ministers to make consequential provision),
c
section 170 (commencement and transitional provision), and
d
Schedule 11 (construction products regulations).
2
A power to make regulations includes power to make—
a
consequential, supplementary, incidental, transitional, transitory or saving provision;
b
different provision for different purposes or for different areas.
3
Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.
4
A power to make regulations about the way in which anything is to be given to the regulator (as defined by section 2) includes power to provide that the thing is to be given in a way specified in a direction made and published by the regulator in accordance with the regulations.
5
Regulations are to be made by statutory instrument.
6
A statutory instrument containing (whether alone or with other provision)—
a
regulations under section 12, 62, 65(5), 68, 71, 72, 74, 119A, 123, 126, 128, 129 or 140 or paragraph 6 of Schedule 3 or paragraph 2(12), 13(10) or 15(4) of Schedule 7 or paragraph 3(5), 12 or 15 of Schedule 8,
b
regulations made by virtue of section 65(3)(c),
c
regulations under section 89 (except regulations only making provision of a kind mentioned in section 89(2)),
d
regulations under section 90 (except regulations only making provision of a kind mentioned in section 90(3) or (4)),
e
regulations under section 92 (except regulations only making provision of a kind mentioned in section 92(3)),
f
regulations under sections 153 to 155, or
g
regulations under section 166 that amend or repeal provision made by an Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
7
Any other statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
S. 168 in force at Royal Assent, see s. 170(1)(h)
Word in s. 168(6)(a) inserted (retrospective to 28.6.2022) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(4)(5) (with s. 247)