Identity Cards Bill (2004)

(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 following powers are powers exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))—

(a) the power of a Northern Ireland department to make regulations under section 15; and

(b) the power of the Office of the First Minister and deputy First Minister to make an order under section 16(1)(b) designating a Northern Ireland department for the purposes of the power to make such regulations.

(3) Subject to subsection (7), 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 (7), 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) The power of the Secretary of State under subsection (4) to make consequential provision in connection with a modification of Schedule 1 by an order under section 3(5) includes power—

(a) to make consequential modifications of any reference in this Act to a paragraph of that Schedule; and

(b) in connection with that modification, to amend section 14(2) and (3) in such manner as he thinks fit.

(6) Any power to make provision by regulations under this Act for the approval of a person or of apparatus includes power to provide—

(a) for the grant of an approval subject to prescribed conditions;

(b) for the modification of such conditions in the prescribed manner; and

(c) for the suspension or withdrawal of an approval.

(7) Subsection (3) does not apply to a statutory instrument which—

(a) comprises an order under section 45 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 45 bringing a provision of this Act into force.

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EXPLANATORY NOTES

Supplemental

Clause 41: Orders and regulations

213. This clause provides how orders and regulations are to be made. This will be through a negative resolution procedure except in cases specifically provided for in the Bill.

214. Subsection (4) enables provisions to differ for different cases, with exemptions and exceptions. For example, regulations may allow different application procedures for groups such as the very elderly or those with mental health problems.

215. Subsection (5) is necessary so that where amendments are made to Schedule 1, consequential changes may be made to where references are made in the Act to that part of the Schedule and to clauses 14(2) and 14(3).

216. Subsection (6) sets out in more detail what the power for the approval of a person or of apparatus (the accreditation system) provides. This includes the granting of an approval subject to specific conditions (e.g. that the organisation maintains an agreed level of security) which may be modified as well as the suspension or withdrawal of an approval (e.g. where the organisation has misused the verification service).