Section 235: Orders and regulations, Localism Act 2011

Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act (other than a power under section 240) includes—

power to make different provision for different cases, circumstances or areas, and

power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

The power under subsection (2)(a) includes, in particular, power to make different provision for different authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).

Provision or savings made under subsection (2)(b) may take the form of amendments, or revocations, of provisions of an instrument made under legislation.

The generality of the power under subsection (2)(a) is not to be taken to be prejudiced by any specific provision of this Act authorising differential provision.

A Minister of the Crown may not make an order or regulations to which subsection (7) applies unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

This subsection applies to—

an order under section 5(2) that—

amends any Act or provision of an Act, and

is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);

an order under section 5(3), other than one that is made only for the purpose mentioned in section 7(5)(b);

an order under section 5(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;

an order under section 8(2);

an order under section 52;

regulations under section 81(2)(d), (6)(e) or (10) or 83(11);

an order under section 87(4) or 96(7);

regulations under section 101;

an order under section 106(2) or 107(6);

regulations under section 117;

an order or regulations under section 236 which amend or repeal a provision of an Act otherwise than in consequence of provision made by or under section 232;

an order or regulations under section 236 which, in consequence of provision made by section 232, amend or repeal a provision of an Act other than a local or private Act.

A statutory instrument that—

contains an order or regulations made by a Minister of the Crown under this Act,

is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, and

is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,

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

Subsection (8) does not apply to—

an order under section 5(1) (but see section 7),

an order under section 5(2) which (in reliance on section 7(4)) is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3),

an order under section 15 (but see section 19),

an order or regulations under Schedule 24, or

an order under section 240.

A statutory instrument that contains an order or regulations made by the Treasury under Schedule 24 is subject to annulment in pursuance of a resolution of the House of Commons.

The Welsh Ministers may not make—

an order or regulations under section 236 which amend or repeal a provision of legislation,

an order under section 62,

an order under section 87(4) or 96(7),

regulations under section 101, or

an order under section 106(4) or 107(6),

unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, the National Assembly for Wales.

A statutory instrument that—

contains an order or regulations made by the Welsh Ministers under this Act, and

is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Subsection (12) does not apply to an order under section 240.

If a draft of a statutory instrument containing an order under section 52 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

In this section—

"legislation" means—
(a)an Act, or
(b)a Measure or Act of the National Assembly for Wales;
"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975.

Section 235: Orders and regulations

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