Section 122 RegulationsI1

England and Wales

(1)

A power to make regulations under any provision of this Act includes power to make—

(a)

consequential, supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(2)

A power to make regulations under Part 6 also includes power to make different provision for different areas.

(3)

Regulations under this Act are to be made by statutory instrument.

(4)

In this Act, if a statutory instrument is “subject to the affirmative procedure” it may not be made unless—

(a)

where it contains (whether alone or with other provision) regulations made by the Secretary of State, a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;

(b)

where it contains (whether alone or with other provision) regulations made by the Welsh Ministers, a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(5)

In this Act, if a statutory instrument is “subject to the negative procedure” it is—

(a)

where it contains regulations made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

where it contains regulations made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.

(6)

If a draft of a statutory instrument containing regulations under Part 6 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(7)

This section does not apply to regulations under section 124.

Annotations

Commencement

I1: S. 122 in force at Royal Assent, see s. 124(1)