1(1)The powers conferred by section 2(2) of this Act to make provision for the purposes mentioned in section 2(2) (a) and (b) shall not include power—U.K.
(a)to make any provision imposing or increasing taxation; or
(b)to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision; or
(c)to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal; or
(d)to create any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than [F1level 5 on the standard scale] (if not calculated on a daily basis) or with a fine of more than [F2£100 a day].
(2)Sub-paragraph (1)(c) above shall not be taken to preclude the modification of a power to legislate conferred otherwise than under section 2(2), or the extension of any such power to purposes of the like nature as those for which it was conferred; and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of sub-paragraph (1)(c).
Textual Amendments
F1Words substituted: (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G; and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6
F2Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 32(3)
Modifications etc. (not altering text)
C1Sch. 2 para. 1(1)(a)(c)(d) excluded (5.11.1993) by 1993 c. 51, s. 2(4)
C2Sch. 2 para. 1(1)(c) excluded (20.6.2003) by 2002 c. 40, ss. 209(8), 279; S.I. 2003/1397, art. 2, Sch.
C3Sch. 2 para. 1(1)(d) excluded (27.9.1993) by 1993 c. 36, s. 70(2)
Sch. 2 para. 1(1)(d) excluded (30.11.2000) by 2000 c. 37, s. 81(2)
C4Sch. 2 para. 1(1)(d) excluded (20.11.2003) by Criminal Justice Act 2003 (c. 44), ss. 307(2)(3), 336
C5Sch. 2 para. 1(1)(d) excluded (prosp.) by Animal Welfare Act 2006 (c. 45), ss. 8(6), 68 (with ss. 1(2), 58(1), 59, 60)
C6Sch. 2 para. 1(1)(d) excluded (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(1), 182(1)(c) (with s. 180)