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May 23, 2004

38 Orders and regulations

(1) Every power conferred by this Act on the Secretary of State or the National

Assembly for Wales to make an order or regulations is a power exercisable by

statutory instrument.

(2) The power of the Office of the First Minister and deputy First Minister to make

regulations under section 15 or 16 is a power exercisable by statutory rule for

the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/

1573 (N.I. 12)).

(3) Subject to subsection (5), a statutory instrument containing an order or

regulations made by the Secretary of State under this Act shall be subject to

annulment in pursuance of a resolution of either House of Parliament.

(4) Subject to subsection (5), every power conferred by this Act on a person to

make an order or regulations includes power.

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as that

person thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional

provision as that person thinks fit.

(5) Subsection (3) does not apply to a statutory instrument which.

(a) comprises an order under section 41 bringing a provision of this Act

into force; or

(b) makes provision by reference to which a draft of the order or

regulations contained in the instrument is required to have been laid

before Parliament and approved by a resolution of each House;

and subsection (4) does not apply to the power to make an order under section

41 bringing a provision of this Act into force.

Posted by wtwu at May 23, 2004 11:48 PM

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