Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except—
power to make an order granting development consent;
a power conferred by paragraph 1(4) of Schedule 4;
a power to make changes to, or revoke, an order granting development consent;
a power conferred by Part 11 or section 237 or 241.
The power is exercisable by statutory instrument.
The power includes—
power to make different provision for different purposes (including different areas);
power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
Subsection (4) does not apply to a statutory instrument containing—
an order granting development consent;
an order made by virtue of paragraph 1(8) of Schedule 4;
an order changing or revoking an order granting development consent;
an order under section 14(3), 33(5), 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g);
regulations under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b).
No order may be made under section 14(3), 33(5), 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
No regulations may be made under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b) unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.