Commentary on Sections Section 105: Combining different forms of subordinate legislation
486.This section provides that powers to make orders, regulations and rules may be used to make a single instrument, where it is appropriate to do so.
487.This deals with the position where it is necessary to make a number of different orders, regulations or rules to give effect to a single policy. This section would allow several powers to be exercised together to make a single instrument.
488.The government intends that this power be used to combine different forms of subordinate legislation where it is administratively convenient and would result in a more coherent legislative story.
489.There are ad hoc precedents for the approach taken in the section. For example section 1292 of the Companies Act 2006 provides that any provision that may be made by regulations under that Act may be made by order; and any provision that may be made by order under that Act may be made by regulations. The section generalises the approach in the precedents and avoids the need for such provisions to be repeated in future legislation.
490.Subsection (2) makes it clear that, although the section allows for the combination of different kinds of subordinate legislation, it does not otherwise affect the procedure for making an instrument.
491.The section will not apply to Scottish statutory instruments, Northern Ireland rules or to statutory instruments made by the Welsh Ministers.
492.The section comes into force at the end of the period of 2 months beginning with the day on which the Act is passed.