Section 41 | Orders, regulations and rules.

(1)Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.

(1A)No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.^F1

(2)A statutory instrument containing—^F2F3

(a)an order under section 3 ... , 12A(12) ... or 40,^F2F4F5

(b)regulations under section 4, 28, 37N, 37O or 37Q(5), , or^F6F7F8F3

(c)regulations under section 37QB that amend or repeal provision made by an Act,^F3

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)A statutory instrument containing—

(a)an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or

(b)any other regulations or rules made under this Act,^F9

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.

(5)This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).^F10