National Health Service (Scotland) Act 1978

105Orders, regulations and directions

(1)Any power to make orders and regulations conferred by this Act shall be exercisable by statutory instrument.

(2)A statutory instrument made by virtue of this Act shall, subject to subsections (3) and (4), be subject to annulment in pursuance of a resolution by either House of Parliament.

(3)No regulations shall be made under sub-paragraphs (1) or (2) of paragraph 6 of Schedule 6 (capital value of and borrowings from relevant endowments) unless a draft has been laid before Parliament and approved by a resolution of each House of Parliament.

(4)Subsection (2) does not apply to—

(a)an order made under section 2(1) constituting a Health Board;

(b)orders made under sections 2(11), 8, 10(3) to (5), 70(2) and 102(2);

(5)Any power to make regulations conferred on the Secretary of State by this Act is, if the Treasury so direct, exercisable by the Treasury and the Secretary of State jointly except in the case of—

(a)regulations made under section 22 ;

(b)regulations made under section 69(1) in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraph 1(1) of Schedule 11 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c)regulations made under paragraph 2(2) of that Schedule ;

(d)regulations made under paragraph 2(6) of that Schedule.

(6)Where under any provision of this Act—

(a)power to make an order may be exercisable, or

(b)directions may be given, or

(c)schemes may be made,

that provision includes power to vary or revoke the order or direction or scheme, as the case may be, by subsequent order or subsequent directions or subsequent scheme made in the like manner and subject to the same provisions.

(7)Any power to make regulations or orders under sections 2, 6, 7(8), 8(1), 9,10(3), 10(5), 14,15(3), 16(2), 49, 72, 86,102,107(2), 107(3), paragraph 6, 11 and 19 of Schedule 1, paragraph 3 of Schedule 3, and paragraphs 8 and 12 of Schedule 5, may be exercised—

(a)either in relation to all cases to which the power extends, or in those cases subject to exceptions, or in relation to any particular case or cases, and

(b)subject to such other exceptions or conditions as the Secretary of State thinks fit,

and shall include power to make such incidental or supplementary provision as appears to the Secretary of State to be expedient.