Commentary on Sections Part 3: Access to Services etc Schedule 3: Excluded residential tenancy agreements Section 34: Orders
177.This section elaborates on the Secretary of State’s order-making powers under this Chapter and in particular sets out the types of action which the Secretary of State may prescribe that must be carried out by landlords and agents to enable them to establish a statutory excuse against a penalty.
178.Subsection (2) makes provision so that any draft statutory instrument made under or in connection with this Chapter which would be a hybrid instrument for the purposes of the standing orders of either House of Parliament will proceed as if it were not a hybrid instrument. This could arise, for example, if an instrument were laid under section 20(7) that made provision which would apply in respect of one geographical area alone. In that situation, the instrument would be treated as though it were not a hybrid instrument for the purposes of the standing orders of either House of Parliament and so would not be subject to any special procedure for hybrid instruments.