Consumers, Estate Agents and Redress Act 2007

Subordinate legislation

60Orders and regulations

(1)An order or regulations under this Act must be made by statutory instrument.

(2)The Statutory Instruments Act 1946 (c. 36) is to apply in relation to any power of a regulator to make regulations under section 43 or 46 as if the regulator were a Minister of the Crown.

(3)Any order or regulations under this Act may—

(a)make provision generally or subject to exceptions or in relation to specified cases or descriptions of case;

(b)make different provision for different cases or circumstances or for different purposes;

(c)provide for a person to exercise a discretion in dealing with any matter;

(d)make incidental, supplementary, consequential, transitory and transitional provision and savings.

(4)A provision of this Act which permits regulations or orders to make provision of a specified kind is without prejudice to the generality of subsection (3).

(5)In the case of an order or regulations made by the Secretary of State, the provision which may be made by virtue of subsection (3)(d) includes provision modifying any provision made by or under any enactment.

(6)For this purpose—

• “enactment” means—

  (a)

  an Act of Parliament (including, in the case of an order under section 32, this Act),

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation,

  whenever passed or made;

• “modify” has the same meaning as in Part 1.

(7)Nothing in this section authorises an order or regulations under this Act to make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)The Documentary Evidence Act 1868 (c. 37) (proof of order and regulations etc) has effect as if—

(a)the regulators were included in column 1 of the Schedule to that Act, and

(b)the entry in column 2 of that Schedule corresponding to each regulator mentioned the regulator and persons authorised to act on the regulator’s behalf.

(9)Nothing in this section applies in relation to a court order under section 26.

(10)In this section “regulator” means—

(a)the Gas and Electricity Markets Authority, or

(b)the Postal Services Commission.

61Directions

(1)A requirement or power under this Act to give a notice (or to notify) is a requirement or power to give notice in writing.

(2)A requirement or power under this Act to give a direction (or to direct) is a requirement or power to give a direction in writing.

(3)Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

62Parliamentary control of orders and regulations

(1)Any instrument to which this subsection applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Subsection (1) applies to any order or regulations made by the Secretary of State under any provision of this Act except—

(a)an order or regulations to which subsection (3) applies, or

(b)an order under section 66 (commencement).

(3)An order or regulations containing (whether alone or with other provision) provision made under or by virtue of any of the following provisions may not be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament—

(a)section 4 (“designated consumers”);

(b)section 24(3)(d) (power to specify persons from whom Council may require information);

(c)section 31 (designation of the Consumer Council for Water for abolition);

(d)section 37(1) (conferral of additional functions on the Council);

(e)section 38 (removal of Council’s functions in relation to Northern Ireland);

(f)section 59 (contracts concluded away from business premises), so far as it enables provision to be made modifying an Act of Parliament;

(g)section 60(5) (consequential provision etc), so far as it enables such provision to be made;

(h)section 63(2) (consequential provision etc), so far as it enables such provision to be made.

(4)In subsection (3), “modify” has the same meaning as in Part 1.