OpenLegislation

Section 56 Regulations and orders.P1P2

England and Wales

(1)

Any regulations or order under this Act shall be made by statutory instrument.

(2)

Any such statutory instrument, except an instrument containing an order under section 59(2) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

The power to make regulations conferred on the Secretary of State by section 27 above shall, if the Treasury so directs, be exercisable by the Treasury and the Secretary of State acting jointly.

P3(4)

Any power conferred by this Act to make regulations may 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 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;

(ii)

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

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

Annotations

Subordinate legislation made

P1

S. 56: power previously exercised by S.I. 1984/1578; 1986/456; 1988/1191; 1990/2164.

P2

S. 56(4): s. 27(a)(i) and (d) (with s. 56(4)) power exercised by S.I.1991/2532.

P3

S. 56(4): ss. 5(1), 8 and 16(1) (with s. 56(4)) power exercised by S.I. 1991/2502.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I. 2002/1493, art. 5; (31.5.2002) by S.I. 2002/1790, art. 2; (8.12.2005) by S.I. 2005/3397, art. 2)); S.I. 2002/920, art. 3(3)(g) (subject to art. 3(5)-(10) and with art. 2, Schs. 1-3)