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Section 64: Orders and regulations under this Chapter

National Health Service Act 2006 · 2006 c. 41View on legislation.gov.uk

Part 2: Health service bodies — Chapter 5: NHS foundation trusts

Any power under this Chapter to make an order or regulations , other than the power to make an order under section 42B, is exercisable by statutory instrument.

Subject to subsections (3) and (4), a statutory instrument made by virtue of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing—

the first regulations under section 55(4) or 59,
regulations under paragraph 30(1) of Schedule 7, or
an order or regulations under this Chapter making, by virtue of subsection (5)(b), provision which amends or repeals any part of the text of an Act,

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

Subsection (2) does not apply to a statutory instrument containing an order under—

section 51,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 56A(4A),
section 57 , or
section 57A.

The Statutory Instruments Act 1946 applies in relation to the power of NHS England to make an order under section 56A(4A), 57 or 57A as if NHS England were a Minister of the Crown.

Any order or regulations under this Chapter—

may make different provision for different purposes, and
may make incidental, supplementary, consequential, transitory or transitional or saving provision.

Any power under this Chapter to make an order or regulations (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.