Section 7 — Regulations and directions

(1) A power [F1 of the Secretary of State or Welsh Ministers] to make regulations under this Act is exercisable by statutory instrument.

(1A) [F2 A power of a Northern Ireland department to make regulations under section 2A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).]

(2) Regulations and directions under this Act may—

(a) make different provision for different purposes;

(b) be made for all cases to which the power in question applies, for those cases subject to specified exceptions or for any specified cases or descriptions of case;

(c) make any provision either unconditionally or subject to specified conditions;

(d) provide for a person to exercise a discretion in dealing with any matter;

(e) include consequential, supplementary, incidental, transitional, transitory or saving provision.

(3) Regulations under this Act may amend, repeal or revoke [F3 assimilated] law that is not primary legislation.

(4) [F4 A statutory instrument containing regulations under this Act may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

(5A) [F5 Regulations made by the Scottish Ministers under section 2A are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).]

(5B) [F5 A statutory instrument containing regulations under section 2A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.]

(5C) [F5 Regulations may not be made by a Northern Ireland department under section 2A unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.]

(6) In this section “primary legislation” means—

(a) an Act;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

Amendment notes

1. F1 Words in s. 7(1) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(a), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
2. F2 S. 7(1A) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(b), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
3. F3 Word in s. 7(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 90
4. F4 S. 7(4) substituted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(c), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
5. F5 S. 7(5A)-(5C) inserted (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(6)(e), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)