Paragraph 1
(1)
Regulations under section 2 may not include—
(a)
provision that confers power to legislate by means of regulations, orders, rules or other subordinate instrument (other than rules of procedure for courts or tribunals);
(b)
provision that creates an offence punishable by imprisonment.
(2)
Sub-paragraph (1)(a) does not prevent the modification of a power to legislate conferred otherwise than under section 2, or the extension of any such power to purposes of a similar kind to those for which it was conferred.
(3)
A power to give practice directions or other directions regarding matters of administration is not a power to legislate for the purposes of sub-paragraph (1)(a).