PART 7Final provisions

74Orders and regulations

1

Any power of the Secretary of State or Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

2

A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House of Parliament—

a

an order under section 20(7), 23(6) or 25(5);

b

an order under section 38;

F2ba

regulations under section 40A(4);

bb

regulations under section 40B;

c

regulations under section 41;

d

an order under section 43, or under a section amended by such an order;

e

the first regulations under section 50(1);

f

the first regulations under section 50(5);

g

the first regulations under section 51(3);

h

the first regulations under section 51(4);

i

an order under section 53 or 54(4) or (6);

j

a fees order (within the meaning of section 68);

F1ja

regulations under section 70A;

k

an order under section 73(2) which amends or repeals primary legislation;

l

an order under paragraph 2(3)(e) of Schedule 6.

3

“Primary legislation” means any of the following—

a

a public general Act;

b

an Act of the Scottish Parliament;

c

a Measure or Act of the National Assembly for Wales;

d

Northern Ireland legislation.

4

A statutory instrument containing any other order or regulations made by the Secretary of State or Treasury under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

5

But subsection (4) does not apply to a statutory instrument containing an order under any of sections 35(3), 73(1) and 75(3) (subject to subsection (7)).

6

Subsection (7) applies if an order under section 75(3) is made which—

a

brings into force a provision of Chapter 1 of Part 3,

b

brings that provision into force only in relation to a particular area or areas within England and Wales, Scotland or Northern Ireland, and

c

is the first order to be made bringing into force a provision of that Chapter only in relation to an area or areas within England and Wales, Scotland or Northern Ireland.

7

A statutory instrument containing any subsequent order under section 75(3) (after the order mentioned in subsection (6)) that brings into force a provision of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in paragraph (b) of that subsection is subject to annulment in pursuance of a resolution of either House of Parliament.

8

An order or regulations made by the Secretary of State or Treasury under this Act may—

a

make different provision for different purposes or areas,

b

make provision which applies generally or only for particular purposes or areas,

c

make transitional, transitory or saving provision, or

d

make incidental, supplementary or consequential provision.