Part 18Miscellaneous and supplementary
Regulations and orders
347Regulations and orders: general
1
Any power of the F4Secretary of State to make any regulations or order under this Act is exercisable by statutory instrument.
2
Subject to sections 348(1) and 349(1), regulations or orders of the F4Secretary of State under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.
3
Any regulations of the F5Secretary of State or the Commission and any order of the F5Secretary of State under this Act may make—
a
different provision for different cases or descriptions of case or different purposes or areas, and
b
such supplemental, incidental, consequential, transitory or transitional provision or savings as the F5Secretary of State or, as the case may be, the Commission considers appropriate.
4
Nothing in this section applies to an order under paragraph 29 of Schedule 9 (transitory modifications).
348Regulations subject to affirmative procedure etc.
1
Section 347(2) (negative procedure) does not apply to—
a
regulations under section 19 (fees and other amounts payable to Commission) which require the payment of a fee in respect of any matter for which no fee was previously payable;
b
regulations under section 25 (meaning of “principal regulator”) which amend any provision of an Act;
F7ba
regulations under section 178A(4) (offences specified for automatic disqualification of charity trustees);
F1ba
regulations under section 181A(8) (conditions for disqualification by order);
c
regulations under section 245 (regulations about winding up, insolvency and dissolution of CIOs).
F11d
regulations under section 285(3) (power to amend period or multiplier specified);
F12e
regulations under section 352A (power to amend definition of “connected person”).
2
3
No regulations within subsection (1)(b) may be made (whether alone or with other provisions) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
C14
Before making any regulations under—
F9za
section 178A(4), if the regulations add an offence,
F3zb
section 181A(8), if the regulations add a condition,
a
Part 8 (charity accounts, reports and returns), or
b
section 245 or 246 (certain powers to make regulations about CIOs),
349Orders subject to affirmative procedure etc.
1
Section 347(2) (negative procedure) does not apply to—
a
an order under section 23 (power to amend Schedule 3 so as to add or remove exempt charities);
F10b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an order under section 190 (power to amend provisions relating to indemnity insurance for charity trustees and trustees);
d
an order under section 324 (power to amend provisions relating to appeals and applications to Tribunal).
2
No order within subsection (1)(a) may be made (whether alone or with other provisions) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
3
No order within subsection (1)(c) or (d) may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
4
If a draft of an instrument containing an order under section 23 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.