Section 236 | Orders and regulations.

(1)Any power conferred by any provision of this Act to make any order (other than an Order in Council) or regulations is exercisable by statutory instrument.

(2)A statutory instrument made under any power conferred by this Act to make an Order in Council or other order or regulations, except—^F1

(a)an Order in Council or other order or regulations to which subsection (3) applies,^F2

(b)an order under section 35 or Part II of Schedule 2, or

(c)an order made in accordance with section 208,^F3

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

(3)No recommendation shall be made to Her Majesty to make an Order in Council under section 192(3), and no order or regulations shall be made under section 27B, 27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ, 41A that include provision under subsection (4)(c) of that section, 47C, 49B, 63D, 63F(7), 71, 72, 73, 75A, 75B, 75E, 75F(16), 75G, 75H(16), (17) or (18) 76, 80A, 80B , 80EA, 80EF, 80G, 80J, 99, 104I, 104J(5)(f), 104K(7)(d), 120(2), 124(2) or 125(7) , 202A or (subject to subsection (4)) section 209, or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1, unless a draft of the Order in Council , order or regulations has been laid before Parliament and approved by a resolution of each House of Parliament.^{F2F4F5F6F7F8F9F10F11F12F13F14F15F16F17F18F19F20F21F22F23F24F25F26F27F28}

(3A)Subsection (3) does not apply to regulations under section 43FA that contain only the provision mentioned in section 43FA(2), (3) or (4).^F29

(4)Subsection (3) does not apply to an order under section 209(1)(b) which specifies only provisions contained in Part XI.

(4A)A statutory instrument containing an order or regulations under this Act to which subsection (3) applies may include an order or regulations under this Act to which subsection (3) would not otherwise apply.^F30

(4B)In such a case, the statutory instrument is to be proceeded with as if all of the orders and regulations contained in it were orders or regulations to which subsection (3) applies.^F30

(5)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provisions as appear to the authority exercising the power to be necessary or expedient.