Section 196 Orders and regulations

England and Wales

(1)

A power to make an order or regulations under this Act is to be exercised by statutory instrument.

(2)

A power to make an order or regulations under this Act includes power—

(a)

to make different provision for different cases or classes of case, different areas or different purposes;

(b)

to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

(c)

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

(3)

Subsections (1) and (2) do not apply to an order which may be made by a court or a justice of the peace.

(4)

A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5)

Subsection (4) does not apply to regulations to which subsection (6) applies.

(6)

A statutory instrument containing the following regulations or orders (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a)

regulations under section 3(6), 16(3), 18(3), 32, 37(1), 40(1), 42(1), 119, 127(9), 135(4), F1149B(5), 149C(1), 166, 167(3), 168 or 181;

(b)

an order under section 140 or 143(2);

(c)

regulations under section 198 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales;

F2(ca)

the first regulations made under section 83(2B);

(F3d)

the first regulations made under section 144A(2)(b);

(see sections 33 and 141 for further requirements in relation to the making of regulations under section 32 and orders under section 140).

(7)

A statutory instrument containing regulations made by the Lord Chancellor under section 101 is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in s. 196(6)(a) inserted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(3), 188(1); S.I. 2019/864, art. 2(3)(c)
F2: S. 196(6)(ca) inserted (22.6.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 24(4); S.I. 2021/373, art. 7A (as amended by S.I. 2021/735, art. 2(4))
F3: S. 196(6)(d) inserted (4.9.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 56(2), 188(1); S.I. 2017/846, art. 2(b)