Section 355: Regulations, orders and rules
867.This section contains provisions governing the form and procedure for regulations, rules and orders made by the Secretary of State (or the Lord Chancellor) under the Act. Similar provision is made for regulations made by Scottish Ministers.
868.Most regulations made under the Act are to be made by statutory instrument, pursuant to the negative resolution procedure. However, subsection (4) lists particular regulation-making powers which must be made pursuant to the affirmative resolution procedure (where made by the Secretary of State) or be approved by resolution of the Scottish Parliament (where made by the Scottish Ministers). Orders (with the exception of those listed in subsection (7)) are to be made by statutory instrument subject to the affirmative resolution procedure. By virtue of subsection (8) commencement orders under section 358 are not subject to any Parliamentary procedure except as provided in that subsection.
