Part 3Miscellaneous and general

General

65Rules, regulations and orders

1

Any power to make rules, regulations or orders under this Act F1, other than the power in section 21F1—

a

is exercisable by statutory instrument;

b

includes power to make supplementary, incidental, consequential, transitional or saving provision;

c

includes power to make different provision for different cases.

2

Any statutory instrument containing rules, regulations or orders made by the Lord Chancellor or the Secretary of State under this Act, other than—

a

regulations under section 34 (loss of capacity during research project),

b

regulations under section 41 (adjusting role of independent mental capacity advocacy service),

c

regulations under paragraph 32(1)(b) of Schedule 3 (private international law relating to the protection of adults),

d

an order of the kind mentioned in section 67(6) (consequential amendments of primary legislation), or

e

an order under section 68 (commencement),

is subject to annulment in pursuance of a resolution of either House of Parliament.

F42A

Any statutory instrument containing regulations made by the Welsh Ministers under Schedule AA1 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

3

A statutory instrument containing an Order in Council under paragraph 31 of Schedule 3 (provision to give further effect to Hague Convention) is subject to annulment in pursuance of a resolution of either House of Parliament.

4

A statutory instrument containing regulations made by the Secretary of State under section 34 or 41 or by the Lord Chancellor under paragraph 32(1)(b) of Schedule 3 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

4A

F5Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1.

4B

F5If such a statutory instrument contains regulations under paragraph 42(2)(b), 129, 162 or 164 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

4C

F5Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

F2F35

An order under section 21—

a

may include supplementary, incidental, consequential, transitional or saving provision;

b

may make different provision for different cases;

c

is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

d

is subject to annulment in pursuance of a resolution of either House of Parliament.F3