Part 3Miscellaneous and general

General

65Rules, regulations and orders

1

Any power to make rules, regulations or orders under this Act—

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.

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.