459 Orders and regulations

459  Orders and regulations

(1)     References in this section to subordinate legislation are to—

(a)     any Order in Council under this Act;

(b)     any order under this Act (other than one falling to be made by a court);

(c)     any regulations under this Act.

(2)     Subordinate legislation—

(a)     may make different provision for different purposes;

(b)     may include supplementary, incidental, saving or transitional provisions.

(3)     Any power to make subordinate legislation is exercisable by statutory instrument [[other than—

(a)     the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and

(b)     any power of the Department of Justice in Northern Ireland to make subordinate legislation,

which are] exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI12)))].

[(3A)     Subsection (3) does not apply to the power of the Scottish Ministers to make an order under section 118(2B) [or regulations under section 131ZA(7)].]

(4)     A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—

(a)     an order under section [35(2C),] [41(5A),] [41A(5), 47S(4),] [67(7A),] 75(7) or (8), [190A(5), 195S(4),] . . . 282,

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