74Orders and regulationsU.K.
(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;
[F1(ba)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);
[F2(ja)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.
Textual Amendments
F1S. 74(2)(ba)(bb) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 6; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)
F2S. 74(2)(ja) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(3), 94(4)