Section 64 Orders and regulations under this Chapter

England and Wales

(1)

Any power under this Chapter to make an order or regulations F1, other than the power to make an order under section 42B, is exercisable by statutory instrument.

(2)

Subject to subsections (3) and (4), a statutory instrument made by virtue of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

A statutory instrument containing—

(a)

the first regulations under section 55(4) or 59,

F2(aa)

regulations under paragraph 30(1) of Schedule 7, or

(b)

an order or regulations under this Chapter making, by virtue of subsection (5)(b), provision which amends or repeals any part of the text of an Act,

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

(4)

Subsection (2) does not apply to a statutory instrument containing an order under—

(a)

section 51,

F3(b)

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

F4(ba)

section 56A(4A),

(c)

section 57 F5, or

(d)

section 57A.

F6(4A)

The Statutory Instruments Act 1946 applies in relation to the power of F7NHS England to make an order under section F856A(4A), 57 or 57A as if NHS England were a Minister of the Crown.

(5)

Any order or regulations under this Chapter—

(a)

may make different provision for different purposes, and

(b)

may make incidental, supplementary, consequential, transitory or transitional or saving provision.

(6)

Any power under this Chapter to make an order or regulations (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.

Annotations

Textual amendments

F1: Words in s. 64(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 62(3), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: S. 64(3)(aa) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 158(2), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)
F3: S. 64(4)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 172(10)(a), 173(2)(b), 306(4); S.I. 2013/671, art. 2(3)
F4: S. 64(4)(ba) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(5)(a), 115(7); S.I. 2015/994, art. 6(r)
F5: S. 64(4)(d) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 172(10)(b), 306(4); S.I. 2013/671, art. 2(3)
F6: S. 64(4A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 172(11), 306(4); S.I. 2013/671, art. 2(3)
F7: Words in s. 64(4A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 24; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8: Word in s. 64(4A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 96(5)(b), 115(7); S.I. 2015/994, art. 6(r)