Section 39A Regulations made by the Minister: further provisionsF1

England and Wales

(1)

Regulations made by the Minister under the relevant provisions may—

(a)

make different provision for different cases or areas,

(b)

provide for exemptions from any of the provisions of the regulations, and

(c)

contain such F2consequential, incidental, supplemental and transitional provision as the Minister considers appropriate.

(2)

Before making regulations under the relevant provisions F3other than section 38A the Minister must consult the Registrar General.

(3)

Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument.

(4)

A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B F4, 10C F5, 34A and 38A.

(F66)

A statutory instrument that contains (whether alone or with other provision) regulations made by the Minister under section 38B may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations

Textual amendments

F1: S. 39A inserted (19.9.2016) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 6 para. 17; S.I. 2016/913, art. 2(b)
F2: Word in s. 39A(1)(c) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 30(a); S.I. 2016/603, reg. 3(w)
F3: Words in s. 39A(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 30(b); S.I. 2016/603, reg. 3(w)
F4: Words in s. 39A(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 98(4), 115(3)(k)
F5: Words in s. 39A(5) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 30(c); S.I. 2016/603, reg. 3(w)
F6: S. 39A(6) inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 63(3), 142(1)(2)(h)