Section 39 Orders and regulations

(1)

An order of a Minister of the Crown under this Part and regulations under this Part shall be made by statutory instrument.

(2)

An order of a Minister of the Crown under this Part and regulations under this Part—

(a)

may make provision generally or only for specified purposes,

(b)

may make different provision for different purposes, and

(c)

may include transitional, incidental or consequential provision.

(3)

An order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a)

section 15(3),

(b)

section 28,

(c)

section 29,

(d)

section 36, and

(e)

Part 5 of Schedule 1.

(4)

An order under section F115(6)—

(a)

may, in particular, make consequential amendment of an enactment (including this Act and including an enactment in or under an Act of the Scottish Parliament), and

(b)

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5)

An incidental provision included in an order or regulations by virtue of subsection (2)(c) may, in particular, impose a requirement for consent to action under or by virtue of the order or regulations.

Annotations

Textual amendments

F1: Words in s. 39(4) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(10), 103(2)