Section 61 Orders

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 61 heading words inserted by Victims and Courts Act 2026 Sch. 2 para. 34(5)
s. 61(1) words inserted by Victims and Courts Act 2026 Sch. 2 para. 34(2)
s. 61(2) words inserted by Victims and Courts Act 2026 Sch. 2 para. 34(3)
s. 61(4) words inserted by Victims and Courts Act 2026 Sch. 2 para. 34(4)(a)
s. 61(4) words inserted by Victims and Courts Act 2026 Sch. 2 para. 34(4)(b)

(1)

An order under this Act—

(a)

may make different provision for different purposes;

(b)

may include supplementary, incidental, saving or transitional provisions.

(2)

Any power F1of the Secretary of State to make an order under this Act is exercisable by statutory instrument.

(3)

A statutory instrument containing an order under section F28A(8) or 33(7) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

No order may be made under section 14(5), 53(4) or 54(4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

F3(5)

Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M1.

(6)

An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M2).

Annotations

Textual amendments

F1: Words in s. 61(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 88(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F2: Word in s. 61(3) substituted (15.9.2026) by Victims and Prisoners Act 2024 (c. 21), ss. 19(4), 81(2) (with s. 32); S.I. 2026/1009, reg. 2
F3: S. 61(5)(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 88(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Marginal citations

M1: S.I. 1979/1573 (N.I. 12).
M2: 1954 c. 33 (N.I.).