Section 63 Regulations and orders.E1

England and Wales

(1)

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

(a)

includes power to make different provision in the order or regulations for different circumstances;

(b)

includes power to make such incidental, supplemental and transitional provision as the Secretary of State considers appropriate; and

(c)

is exercisable by statutory instrument except in the case of the powers conferred by sections 19(4) and 60 and paragraph 3 of Schedule 3.

(2)

Any statutory instrument containing regulations made under this Act F1by the Secretary of State, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) F2or paragraph 3(4) or 4(6) of Schedule 1A to be approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3(2A)

Any statutory instrument containing regulations made under this Act by the Welsh Ministers, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(5) or 4(7) of Schedule 1A to be approved by a resolution of Senedd Cymru, is subject to annulment in pursuance of a resolution of Senedd Cymru.

(3)

Any statutory instrument containing an order under section F419C F5... shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in s. 63(2) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 20(a); S.I. 2025/937, art. 2(g)
F2: Words in s. 63(2) inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 23(a) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F3: S. 63(2A) inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 20(b); S.I. 2025/937, art. 2(g)
F4: Word in s. 63(3) inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 23(b) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F5: Words in s. 63(3) omitted (E.W.) (31.7.2025) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 20(c); S.I. 2025/937, art. 2(g)

Extent

E1: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.