(1) This section applies to—
(a) any power conferred by this Act on the Secretary of State to make an order or rules;
(b) the power conferred by section 168 . . . [or the Lord Chief Justice] to make an order;
[(c) the powers conferred on the Lord Chancellor by sections 174(4) and 269(6) to make an order].
(2) The power is exercisable by statutory instrument.
[(2A) Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown.]
(3) The power—
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