Section 104 — Children Act 1989: Regulations and orders.

Regulations and orders. 104 1 Any power of the Lord Chancellor , the Treasury , the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or rules, except an order under section 54(2) , 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.

2 Any such statutory instrument, except one made under section 4(1B), 17(4), 107 or 108(2) 4ZA(3), or one containing regulations which fall within subsection (3AA), (3AB), (3AC), (3B) , (3BA) or (3C) , shall be subject to annulment in pursuance of a resolution of either House of Parliament. 2A Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.

3 An order under section 4(1B) , 4ZA(3) . . . shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. 3A An order under section 4(1B) , 4ZA(3) or 17(4) or regulations which fall within subsection (3AA), (3AB), (3AC), (3B) , (3BA) , (3BB) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament. 3AA Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9). 3AB Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5). 3AC Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 22J(3)(f). 3B Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b). 3BA Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9). 3BB Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1. 3C Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.

4 Any statutory instrument made under this Act may—

a make different provision for different cases;

b provide for exemptions from any of its provisions;

and c contain . . . incidental, supplemental and transitional provisions . . . .