Section 7 Regulations and directions

United Kingdom

(1)

A power F1of the Secretary of State or Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

F2(1A)

A power of a Northern Ireland department to make regulations under section 2A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2)

Regulations and directions under this Act may—

(a)

make different provision for different purposes;

(b)

be made for all cases to which the power in question applies, for those cases subject to specified exceptions or for any specified cases or descriptions of case;

(c)

make any provision either unconditionally or subject to specified conditions;

(d)

provide for a person to exercise a discretion in dealing with any matter;

(e)

include consequential, supplementary, incidental, transitional, transitory or saving provision.

(3)

Regulations under this Act may amend, repeal or revoke F3assimilated law that is not primary legislation.

F4(4)

A statutory instrument containing regulations under this Act may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5A)

Regulations made by the Scottish Ministers under section 2A are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(5B)

A statutory instrument containing regulations under section 2A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(5C)

Regulations may not be made by a Northern Ireland department under section 2A unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

(6)

In this section “primary legislation” means—

(a)

an Act;

(b)

an Act of the Scottish Parliament;

(c)

a Measure or Act of the National Assembly for Wales;

(d)

Northern Ireland legislation.

Annotations

Textual amendments

F1: Words in s. 7(1) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(a), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
F2: S. 7(1A) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(b), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
F3: Word in s. 7(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 90
F4: S. 7(4) substituted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(c), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
F5: S. 7(5) omitted (18.8.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 162(6)(d), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
F6: S. 7(5A)-(5C) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(e), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)

Notes on the whole Act

Textual amendments

F1: Act renamed (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(1), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)