The Act Commentary on Sections Part 6: Supplemental Section 49: Orders and regulations
390.This section makes provision in connection with the various powers under the Act to make orders or regulations. The effect of subsection (4) is that all such powers exercisable by the Secretary of State, or by the Registrar General (see section 13(1)(d) and (2)(a)) are subject to the negative resolution procedure, except for powers to make commencement orders (where no parliamentary procedure applies) and powers to make orders specified in subsection (5) (where the affirmative resolution procedure applies). (Subsection (1)(c) refers also to powers exercisable by “the responsible ministers (within the meaning of Part 4)”, but references to the “responsible ministers” were removed from Part 4 by amendment during the passage of the Bill, and so this provision is of no effect.) Subsection (3) provides that any power under the Act to make orders or regulations includes a power to make different provision for different purposes or areas. This subsection also enables orders and regulations to make incidental, supplemental, consequential, saving or transitional provision.