Section 56 Orders and regulations etc.

England, Wales and Northern Ireland

(1)

Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument; and

(a)

a statutory instrument made by virtue of this subsection, except an instrument containing only such orders as are mentioned in the following paragraph, . . . F1 shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

a statutory instrument containing only orders made by virtue of section 14(2), 24(2) or (3) or 54 of this Act or orders appointing a day in pursuance of this Act shall be laid before Parliament after being made.

(2)

Any power to make regulations conferred on the Secretary of State by this Act shall, if the Treasury so directs, be exercisable by the Treasury and the Secretary of State acting jointly.

(3)

Any power to make an order conferred by this Act, except sections 15(2)(d), . . . and 24(2) and (3), includes power to vary or revoke the order by a subsequent order made in the exercise of that power; but provisions of an order which appoint a day or provide for an enactment to come into force on a specified day shall not by virtue of this subsection be revoked or varied on or after that day.

(4)

Any power conferred by the Health Service Acts . . . F2 to make orders, regulations or schemes, , 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 those Acts or that section;

(iii)

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

and includes power to make such incidental or supplemental provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.

(5)

Any directions given in pursuance of any provision of this Act . . . may be varied or revoked by subsequent directions given in pursuance of that provision.

Annotations

Textual amendments

F1: Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F2: Words repealed by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 3

Notes on the whole Act

Textual amendments

F1: Act repealed (28.6.1995 for specified purposes and 1.4.1996 otherwise) by 1995 c. 17, ss. 2(1)(3), 4(2), 5, 8, Sch. 1 Pt. III para. 98, Sch. 3 (with s. 4(1), Sch. 2 paras. 6, 12, 16); and functions of Act in so far as still in force transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; and Sch. 4 para. 92 expressed to be repealed (1.5.2004) by 2003 c. 42, s. 141, Sch. 7; S.I. 2004/874, art. 2