National Health Service Act 1977
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Change 1
126 Orders and regulations, and directions.
(1) Any power to make orders , rules or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall , unless it is a PCT order or an instrument to which subsection (1A) applies or an instrument made by the National Assembly for Wales, be subject to annulment in pursuance of a resolution of either House of Parliament. This subsection— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) does not apply to an order made under section 28EE(2) or section 84A above, paragraph 20, 21 or 23 of Schedule 5A to this Act , paragraph 19, 20 or 22 of Schedule 5B to this Act or to paragraph 10 of Schedule 11 to this Act. (1A) The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (2) Any power to make regulations conferred on the Secretary of State by this Act or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule; (c) regulations made under paragraph 2(2) of that Schedule; (d) regulations made under paragraph 2(6) of that Schedule. (3) Where under or by virtue of any provision of this Act or Part I of the National Health Service and Community Care Act 1990— (a) power to make an order may be exercisable, or (b) directions may be given, that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions. (3A) Directions given by the Secretary of State or by a Strategic Health Authority or Health Authority in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall be given by an instrument in writing. (3B) In relation to directions given in pursuance of section 16BB or sections 16D to 17B above section 18 above applies in place of subsections (3) and (3A) above. (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall comply with the directions. (4) Any power conferred by this Act or Part I of the National Health Service and Community Care Act 1990 to make orders , rules, regulations or schemes, and any power conferred by section 16BB, 18 or 19A(7) above , or by section 28E(3A), 28N, 28T , 28U or 28WD above, or by section 42A or 42B above, to give directions by an instrument in writing, may unless the contrary intention appears, be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act or Part I of the National Health Service and Community Care Act 1990 or that section, (iii) any such provision either unconditionally, or subject to any specified condition, and includes power to make such supplementary, incidental, consequential, transitory, transitional or saving provision in the orders , rules, regulations, schemes or directions as the persons making or giving them consider appropriate. This subsection does not only apply to ... an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act or Part I of the National Health Service and Community Care Act 1990) (4A) Supplementary, incidental, consequential, transitory, transitional or saving provision made by virtue of subsection (4) above in connection with an order under section 20A above, or regulations under Schedule 7A to this Act, may include provision amending or repealing any provision made by or under an enactment. (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection (other than a power to make rules) may make different provision for different areas.
126 Orders and regulations, and directions.
(1) Any power to make orders , rules or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall , unless it is a PCT order or an instrument to which subsection (1A) applies or an instrument made by the National Assembly for Wales, be subject to annulment in pursuance of a resolution of either House of Parliament. This subsection— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) does not apply to an order made under section 28EE(2) or section 84A above, paragraph 20, 21 or 23 of Schedule 5A to this Act , paragraph 19, 20 or 22 of Schedule 5B to this Act or to paragraph 10 of Schedule 11 to this Act. (1A) The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (2) Any power to make regulations conferred on the Secretary of State by this Act or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule; (c) regulations made under paragraph 2(2) of that Schedule; (d) regulations made under paragraph 2(6) of that Schedule. (3) Where under or by virtue of any provision of this Act or Part I of the National Health Service and Community Care Act 1990— (a) power to make an order may be exercisable, or (b) directions may be given, that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions. (3A) Directions given by the Secretary of State or by a Strategic Health Authority or Health Authority in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall be given by an instrument in writing. (3B) In relation to directions given in pursuance of section 16BB or sections 16D to 17B above section 18 above applies in place of subsections (3) and (3A) above. (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall comply with the directions. (4) Any power conferred by this Act or Part I of the National Health Service and Community Care Act 1990 to make orders , rules, regulations or schemes, and any power conferred by section 16BB, 18 or 19A(7) above , or by section 28E(3A), 28N, 28T , 28U or 28WD above, or by section 42A or 42B above, to give directions by an instrument in writing, may unless the contrary intention appears, be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act or Part I of the National Health Service and Community Care Act 1990 or that section, (iii) any such provision either unconditionally, or subject to any specified condition, and includes power to make such supplementary, incidental, consequential, transitory, transitional or saving provision in the orders , rules, regulations, schemes or directions as the persons making or giving them consider appropriate. This subsection does not only apply to ... an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act or Part I of the National Health Service and Community Care Act 1990) (4A) Supplementary, incidental, consequential, transitory, transitional or saving provision made by virtue of subsection (4) above in connection with an order under section 20A above, or regulations under Schedule 7A to this Act, may include provision amending or repealing any provision made by or under an enactment. (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection (other than a power to make rules) may make different provision for different areas.
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