239.This provides that any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument. An order under each of the following provisions requires affirmative resolution procedure:-
section 5 (designation of further public authorities);
section 7(3) (amending Schedule 1) or (8) (excluded information);
section 53(1)(a)(iii)(to designate a public authority as an authority excepted from the duty to comply with a decision or enforcement notice in accordance with section 53); or
section 75 (power to amend or repeal enactments prohibiting disclosure of information); or
regulations under section 10(4) (time for compliance); or
section 74(3)(power to make provision relating to environmental information).
240.An order under section 4(1) (amendments to Schedule 1 adding an entry) and regulations made under any other provision of the Act are subject to annulment in pursuance of a resolution of either House.
241.An order under section 4(5) (amendments to Schedule 1 removing an entry) has to be laid before Parliament after being made.
242.By virtue of subsection (5), a draft order under section 5 or 7(8) which would otherwise attract the procedure applicable to hybrid instruments will not do so.