Part 5Miscellaneous and general

Chapter 3General

166Orders and regulations

1

The following are to be made by statutory instrument—

a

orders and regulations made by the Secretary of State or Lord Chancellor under this Act;

b

orders made by the Welsh Ministers under section 173.

2

A statutory instrument containing—

a

an order under section 3(5),

b

regulations under section 5(1)(b),

c

regulations under section 22(2) or 31(3), other than regulations for the purpose only of making provision within subsection (4),

d

an order under section 56(9) or 58(3),

e

regulations under section 61,

f

an order under section 67,

g

regulations under section 132(1), or

h

regulations under section 170 which amend or repeal any provision of 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.

3

A statutory instrument containing any other order or regulations under this Act, other than an order under section 173, is subject to annulment in pursuance of a resolution of either House of Parliament.

4

Provision contained in regulations under section 22(2) or 31(3) falls within this subsection if it substitutes, for an amount for the time being specified in such regulations, a smaller amount.

5

Before a draft of an instrument containing an order under section 67 is laid before either House of Parliament, the Secretary of State must consult the Welsh Ministers.

6

Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act includes power—

a

to make different provision for different cases, circumstances or areas,

b

to make provision generally or in relation to specific cases, and

c

to make such incidental, supplementary, transitional, transitory or saving provision as the Secretary of State or Lord Chancellor thinks fit.