Section 63 Regulations, orders and directions.

England and Wales

(1)

Any power to make regulations or orders conferred on the Secretary of State F1, the National Assembly for Wales or the Lord Chancellor by this Act shall be exercisable by statutory instrument.

(2)

Any such instrument, other than one made F2by the Assembly or under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

No order shall be made under section 34 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(4)

The provisions mentioned in subsection (2) are—

(a)

sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);

(b)

paragraph 18 of Schedule 5;

(c)

paragraph 1(3) of Schedule 13; and

(d)

paragraphs 12 and 18 of Schedule 17.

P1(5)

Any regulations or order made under this Act may—

(a)

make such supplemental, incidental, consequential or transitional or saving provision as the F3person making the regulations or order considers appropriate; and

(b)

make different provision for different cases or classes of case or for different localities.

(6)

Any power of the Secretary of State to give a direction under this Act shall—

(a)

include power to make different provision for different cases, including different provision for different localities and for different bodies; and

(b)

shall be exercised in writing.

Annotations

Textual amendments

F1: Words in s. 63(1) inserted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(2); S.I. 2003/3034, art. 2(1), Sch. Pt. 1
F2: Words in s. 63(2) inserted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(3); S.I. 2003/3034, art. 2(1), Sch. Pt. 1
F3: Words in s. 63(5)(a) substituted (27.11.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 58(1)(4); S.I. 2003/3034, art. 2(1), Sch. Pt. 1

Subordinate legislation made

P1

S. 63(5) power partly exercised: 25.10.1994 appointed for specified provisions by S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))

S. 63(5) power partly exercised: 20.3.1995 appointed for specified provisions by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))

S. 63(5) power partly exercised: 3.4.1995 appointed for specified provisions by S.I. 1995/852, arts. 3(1), 4(1), 5, 6(1), 7, 8, 9, Schs. 1-5 (subject to arts. 3(2)-(3), 4(2)-(6), 6(2)-(5), 9(2)-(5))

S. 63(5) power partly exercised: 1.10.1995 appointed for specified provisions by S.I. 1995/2490, arts. 3(1), 4(1), 5(1), Schs. 1-3 (subject to arts. 3(2)-(4), 4(2)(3), 5(2)-(6))

S. 63(5) power partly exercised: 1.1.1996 and 1.4.1996 appointed for specified provisions by S.I. 1995/3198, arts. 3-6(1)(3), Schs. 1-5 (subject to art. 6(2))