Section 325: Provisions as to regulations ... and orders., Highways Act 1980

The following powers conferred by this Act on a Minister of the Crown are exercisable by statutory instrument:—

all powers to make regulations,

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all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 10, 14, 14B, 18, 20, 26, 27, 108(1), 118, 118A, 118B(4), 119, 119A, 119B(4), 119D120 , 124 and 266B and paragraph 2 of Schedule 21.

But powers conferred by this Act on the Welsh Ministers are not exercisable by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) where provision made under the power—

is of temporary application, or

is not subject to the Senedd approval procedure, the Senedd confirmation procedure or the Senedd annulment procedure;

(and a power conferred by this Act on the Welsh Ministers to make such a provision includes a power to revoke or vary the provision, which is not exercisable by Welsh statutory instrument).

The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.

A statutory instrument containing—

regulations made under this Act, other than a statutory instrument containing only regulations made under section 120(3A) or 257(4) above or such regulations as are mentioned in subsection (2A) below or regulations made by the National Assembly for Wales under Part 8A or regulations made by the Welsh Ministers under section 281B, or

an order made under section 14A or 17 or 118B(1)(a) above or 344(4) below,

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

A statutory instrument containing—

the first regulations for the purposes of section 140A,

the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or

the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above, shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.

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Section 325: Provisions as to regulations ... and orders.

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