Orders or regulations made by the Secretary of State under this Act must be made by statutory instrument, may contain savings and transitional provisions and may make different provision for different purposes. Subsection (2) provides that orders or regulations under specified provisions are subject to annulment by resolution of either House of Parliament, including section 3(6) or (8); section 4(3); section 24(2)(e); section 63C(3)(d); sections 72, 79(5) and 80(9); section 119(1) or (2); paragraph 52(1)(a) or (b) of Schedule 4; paragraph 17(4) of Schedule 7; and paragraphs 3(1)(b) and 19 of Schedule 8.

The first order under paragraph 17(4) of Schedule 7 and the first under paragraph 19 of Schedule 8 require draft approval by resolution of each House. Subsection (4) lists further provisions requiring draft approval. Subsection (5) permits, except for paragraph (aa), (ab), (b) or (ba), urgent orders without prior approval if the Secretary of State declares urgency and the order ceases after 40 days unless approved; the 40‑day period is computed in accordance with section 7(1) of the Statutory Instruments Act 1946. Additional procedural rules cover section 58C regulations (laying, 40‑day lapse and required statements where areas outside the United Kingdom are designated), paragraph 38 of Schedule 8 orders (laying and 20‑day lapse), requirement to lay orders under paragraph 8(3) of Schedule 13, and specified exceptions (including orders under section 94 and orders under regulations made under section 96).