Subordinate legislation

Regulations, rules and orders, etc

• 306 – [(1) Subject to subsection (1A) below, any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
• (1A) Subsection (1) above does not apply to –
  • (a) rules made under section 91; or
  • (b) any instrument made under section 128(4)(f) other than an instrument containing regulations.]
• [(2) Subject to subsection (2A) below –
  • (a) any statutory instrument containing regulations under this Act (including such an instrument made by virtue of section 128(4)(f) or 182B(4)(e)), and
  • (b) any statutory instrument containing an order or rules made under this Act,
  shall be subject to annulment in pursuance of a resolution of either House of Parliament.
• (2A) Subsection (2) above does not apply to –
  • (a) regulations made under section 130A, 259(8) or 260(3) or Schedule 11A;
  • (b) commencement orders;
  • (c) any order made under section 216(2), 223(3), paragraph 8 of Part II of Schedule 7, or any provision of Schedule 14.]
• (3) Any statutory instrument containing an Order in Council under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to Orders under section 2(4), 128, 129, 152(2), 172(2), [182B(1)] 183, 184, [185(2A) or (2B)] 224, 308 or 315(2) or … paragraph 10 of Part II of Schedule 6 or paragraph 13 of Part II of Schedule 7.
• (4) Before making the following regulations, rules or orders, namely –
  • (a) regulations under Part III or under [section 108 or 130A];
  • (b) rules under Chapter II of Part V;
  • (c) an order under section 311;
  the Secretary of State shall consult with organisations in the United Kingdom appearing to him representative of persons who will be affected by the regulations, rules or orders.
• (5) Any direction, notice, order or authorisation under this Act given or made by the Secretary of State shall be in writing.
• (6) Any power to give a direction includes power to vary or revoke the direction by a subsequent direction.