OpenLegislation

Section 126 Orders and regulations, and directions.C1F1

England, Wales and Scotland

(1)

Any power to make orders F2, rules or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall F3, unless it is a PCT order F4or an instrument to which subsection (1A) applies F5or an instrument made by the National Assembly for Wales, be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

F6(a)

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

(b)

does not apply to F7an order made under section 28EE(2) F8or section 84A above, paragraph 20, 21 or 23 of Schedule 5A to this Act F9, paragraph 19, 20 or 22 of Schedule 5B to this Act or to paragraph 10 of Schedule 11 to this Act.

(F101A)

The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(2)

Any power to make regulations conferred on the Secretary of State by this Act F11or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

F12(a)

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

(b)

regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c)

regulations made under paragraph 2(2) of that Schedule;

(d)

regulations made under paragraph 2(6) of that Schedule.

(3)

Where under F13or by virtue of any provision of this Act or Part I of the National Health Service and Community Care Act 1990—

(a)

power to make an order may be exercisable, or

(b)

directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

(F143A)

Directions given by the Secretary of State F15or by a F16Strategic Health Authority or Health Authority in pursuance of any provision of this Act or Part I of the M1National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

(3B)

In relation to directions given in pursuance of F17section 16BB or sections F1816D to 17B above section 18 above applies in place of subsections (3) and (3A) above.

(F193C)

Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2National Health Service and Community Care Act 1990 shall comply with the directions.

C2C3C4C5(4)

Any power conferred by this Act or Part I of the National Health Service and Community Care Act 1990 to make orders F20, rules, regulations or schemes, and any power conferred by F21section 16BB, 18 F22or 19A(7) above F23, or by section 28E(3A), 28N, 28T F24, 28U or 28WD above, F25or by section 42A or 42B above, to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

(a)

either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b)

so as to make, as respects the cases in relation to which it is exercised—

(i)

the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act or Part I of the National Health Service and Community Care Act 1990 or that section,

(iii)

any such provision either unconditionally, or subject to any specified condition,

and includes power to make such F26supplementary, incidental, consequential, transitory, transitional or saving provision in the orders , rules, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to F27... an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act or Part I of the National Health Service and Community Care Act 1990)

(F284A)

Supplementary, incidental, consequential, transitory, transitional or saving provision made by virtue of subsection (4) above in connection with an order under section 20A above, or regulations under Schedule 7A to this Act, may include provision amending or repealing any provision made by or under an enactment.

(F295)

Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection F30(other than a power to make rules) may make different provision for different areas.

Annotations

Textual amendments

F1

Act repealed (except ss. 57, Sch. 11 and ss. 126, 128 so far as they relate to those provisions, which are repealed only for E.W., see s. 7(3) of the repealing Act; and except s. 41B(2)(6)(b) as amended by S.I. 2006/1056, which is repealed immediately after that amendment comes into force, see s. 8(4)-(6); and except ss. 19, 28J, 38, 39, 41, 41B(2)(6)(b), 42(2B)(2C), 42A, 42B, 43(2), 49F, 49H, 98, 128, Sch. 8 para. 2(2B), Sch. 8A, Sch. 9A para. 6, Sch. 12 paras. 2A(1)(b)(ba), 2B, Sch. 12B as amended by Health Act 2006 (c. 28) which are repealed immediately after those amendments come into force on 1.8.2008 and 9.5.2013, see s. 8(4)-(6); and except ss. 3, 15, 16CD, 16CE, 18A, 26, 28WA-28WF, 28X, 28Y, 38, 39, 43D, 44, 45A, 45C, 72, 103 as amended by Health Act 2006 (c. 28) and to the extent that they relate to primary ophthalmic services, which are repealed immediately after those amendments come into force on 1.8.2008, see s. 8(4)-(6)) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with saving for s. 126 in Sch. 2 para. 7 and general savings and transitional provisions in Sch. 2 Pt. 1 and transitory modifications relating to primary ophthalmic services in Sch. 3 para. 1); S.I. 2008/1972, art. 2; S.I. 2013/1112, art. 2

Act: specified provisions amended and repealed and specified amendments and repeals by specified legislation commenced (1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1-3, Schs. 1, 2 (with art. 4)

F2

Word in s. 126(1) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(a) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1) (subject to art. 3(2))

F3

Words in s. 126(1) inserted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6

F4

Words in s. 126(1) inserted (1.11.2005 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 183(3)(a), 199(1)(4); S.I. 2005/2925, art. 7(1)

F5

Words in s. 126(1) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3)(a)(i), 42(3); S.I. 2002/2532, art. 2, Sch.

F6

S. 126(1)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 5 (with Sch. 2 para. 6)

F7

Words in s. 126(1)(b) inserted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6

F8

Words in s. 126(1) inserted (1.8.2001 for E. and 17.3.2003 for W.) by 2001 c. 15, ss. 13(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804, art. 2(1)(a); S.I. 2003/713, art. 2

F9

Words in s. 126(1)(b) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3)(a)(ii), 42(3); S.I. 2002/2532, art. 2, Sch.

F10

S. 126(1A) inserted (1.11.2005 for E. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 183(3)(b), 199(1)(4); S.I. 2005/2925, art. 7(1)

F11

Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F12

S. 126(2)(a) omitted (30.9.2005 as notified in the London Gazette dated 26.8.2005) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), art. 1(2)(3), Sch. 9 para. 2(c)

F13

Words in s. 126(3) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 para. 27; S.I. 1997/1780, art. 2(1), Sch.

F14

S. 126(3A)(3B) substituted (28.6.1995 for certain purposes and otherwise 1.4.1996) for the second sentence of (3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 57 (with Sch. 2 para. 6)

F15

Words in s. 126(3A) inserted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6

F16

Words in s. 126(3A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 32; S.I. 2002/2478, art. 3(1)(c)

F17

Words in s. 126(3B) inserted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3)(b), 42(3); S.I. 2002/2532, art. 2, Sch.

F18

Words in s. 126(3B) substituted (4.1.2000 for E. and 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) in so far as not already in force) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(4); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, Sch. 1 Pt. 2 para. 6

F19

S. 126(3C) inserted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F20

Words in s. 126(4) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(b) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1) (subject to art. 3(2))

F21

Words in s. 126(4) substituted (10.10.2002 for W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), {ss. 6(3)(c}, 42(3); S.I. 2002/2532, art. 2, Sch.

F22

Words in s. 126(4) inserted (10.10.2002 for W. and 1.9.2003 in so far as not in force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 37(1), 42(3), Sch. 8 para. 10(a); S.I. 2002/2532, art. 2, Sch.; S.I. 2003/2246, art. 2(b)

F23

Words in s. 126(4) inserted (3.2.2004 for E. and 28.2.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 38; S.I. 2004/288, art. 2(1)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); W.S.I. 2004/480, art. 2(1)(c) (with arts. 6,7) (as amended by W.S.I. 2004/1019 and W.S.I. 2006/345))

F24

Words in s. 126(4) substituted (1.8.2008) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 23; S.I. 2008/1972, art. 2(b)

F25

Words in s. 126(4) inserted (28.2.2007 for specified purposes) by Health Act 2006 (c. 28), ss. 34(2), 83(5)(b)(7); S.I. 2006/3125, art. 3(a)

F26

Words in s. 126(4) substituted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(6); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F27

Words in s. 126(4) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(d) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F28

S. 126(4A) inserted (20.10.2003 for W.) by Health (Wales) Act 2003 (c. 4), ss. 1(2), 10(2); S.I. 2003/2660, art. 2(1)(i)(2)

F29

S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F30

Words in s. 126(5) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 5(13)(d) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1) (subject to art. 3(2))

Marginal citations

M1

1990 c. 19.

M2

S.I. 1990 c.19.

Modifications

C1

S. 126 applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(5A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 para. 6)

C2

S. 126(4)(5) applied (3.8.1999 for E. and W. and otherwise 1.10.1999) by 1999 c. 8, ss. 62(4)(5), 67; S.I. 1999/2177, art. 2(1); S.S.I. 1999/90, art. 2(a), Sch. 1

C3

S. 126(4)(5) extended (28.6.1995) by 1995 c. 17, s. 6(6) (with Sch. 2 para. 6)

C4

S. 126(4) extended by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(3)

C5

S. 126(4) applied (28.9.2006 for specified purposes) by Health Act 2006 (c. 28), ss. 70(3), 83(3); S.I. 2006/2603, art. 4(2)