(1)Any power of the Lord Chancellor [F1or Lord Chief Justice] to make rules, regulations or orders under this Act is exercisable by statutory instrument.
(2)None of the orders and regulations mentioned in subsection (3) may be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(3)The orders and regulations are—
(a)the first order to be made under section 4 (areas of courts boards);
(b)regulations under section 34(5) [F2or 67F(4)] (costs in legal proceedings);
(c)an order under—
(i)section 73 or 80 (powers to amend enactments in connection with Criminal Procedure Rules and Family Procedure Rules), or
(ii)section 109 (power to make consequential provision etc.),
which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act;
[F3(ca)regulations under section 85A(8) (provision about directions for remote observation of court and tribunal proceedings);]
(d)an order under section 97(7) to (9) (power to make permanent provision about collection of fines and discharge of fines by unpaid work);
(e)regulations under Schedule 1;
(f)regulations under Schedule 6 relating to the prescribed hourly sum.
(4)A statutory instrument containing—
(a)the first order to be made under section 8 (local justice areas), or
(b)regulations under section 40 (payments, accounting and banking by designated officers),
is to be laid before Parliament after being made.
(5)Any other statutory instrument, apart from one containing an order under section 110 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)Any power of the Lord Chancellor [F1or Lord Chief Justice] to make rules, regulations or orders under this Act includes power to make—
(a)any supplementary, incidental or consequential provision, and
(b)any transitory, transitional or saving provision,
which he considers necessary or expedient.
(7)Nothing in this section applies to—
(a)rules made under Part 7 (Criminal Procedure and Family Procedure Rules), or
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 108(1)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 348; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)
F2Words in s. 108(3)(b) inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 36; S.I. 2020/24, regs. 2(b)(iii), 3(b)
F3S. 108(3)(ca) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(5), 208(4)(aa)
F4S. 108(7)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 69(3) (with arts. 28-31)