Enterprise Act 2002

124 Orders and regulations under Part 3U.K.

(1)Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument.

(2)Any power of the Secretary of State to make an order or regulations under this Part—

(a)may be exercised so as to make different provision for different cases or different purposes; and

(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.

(3)The power of the Secretary of State under section 34[F1, 59(6A)] [F2, 70G] or 123 (including that power as extended by subsection (2) above) [F3, or paragraph 15 of Schedule 6B,] may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4)The power of the Secretary of State under section [F434ZC(6),] 40(8), [F541B(6),] [F644(11),] 52(8) (including that enactment as applied by section 65(3)), 58(3), F7... [F873B(6)]F9... or 102 as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(5)F10... An order made by the Secretary of State under section 28 (including that enactment as applied by section 42(5) [F11and 59(5)]), [F1234ZC(6),] 40(8), [F1341B(6),] 52(8) (including that enactment as applied by section 65(3)), [F1459(6A)(a),] [F1570C], [F1673B(6)] F17..., 114(3)(b) or (4)(b) or 121 or Schedule 7 [F18is subject to the negative procedure].

[F19(5A)Regulations made under section 68A, 94AB(9) or 111(9) are subject to the negative procedure.]

(6)[F20An order made] by the Secretary of State under section 34, [F2144(11), [F22section 59(6A)(b)],] F23... 102, 123 or 128(6) [F24is subject to the affirmative procedure].

[F25(6A)Regulations made under section 70G, 94AB(7) or 111(7A), or paragraph 15 of Schedule 6B, are subject to the affirmative procedure.

(6B)Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.]

(7)An order made by the Secretary of State under section 58(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.

(8)In calculating the period of 28 days mentioned in subsection (7), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(9)If an order made by the Secretary of State ceases to have effect by virtue of subsection (7), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.

(10)If, apart from this subsection, an order made by the Secretary of State under section 58(3) [F26or 70G, or paragraph 15 of Schedule 6B] would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

[F27(11)Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(12)Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.]