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87CommencementU.K.

This section has no associated Explanatory Notes

(1)This Act comes into force on the day on which this Act is passed, subject to subsection (2).

(2)The following provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint, subject to subsections (3) to (9)—

(a)section 8 (and Schedule 7);

(b)section 9;

(c)section 10 (and Schedules 8, 9, 10 and 11);

(d)section 15 (and Schedule 12);

(e)section 16;

(f)section 17;

(g)section 18 (and Schedule 13);

(h)section 19;

(i)section 21;

(j)sections 25 to 29 (and Schedule 15).

(3)In the case of provision made by regulations under subsection (2) which could also be made by an authority under subsection (4), (6) or (8), a Minister of the Crown may not make the provision without the authority's consent.

(4)If the condition in subsection (5) is met, the Welsh Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force, so far as it extends to England and Wales and applies in relation to Wales, on a day appointed by the regulations.

(5)The condition is that, so far as it extends to England and Wales and applies in relation to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(6)If the condition in subsection (7) is met, the Scottish Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Scotland on a day appointed by the regulations.

(7)The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(8)If the condition in subsection (9) is met, a Northern Ireland department may by order provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Northern Ireland on a day appointed by the order.

(9)The condition is that the provision, so far as it extends to Northern Ireland—

(a)would be within the legislative competence of the Northern Ireland Assembly, and

(b)would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(10)Different days may be appointed under subsection (2), (4), (6) or (8) for different purposes or areas.

(11)A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, subject as follows.

(12)In the case of provision made by regulations under subsection (11) which could also be made by an authority under any of subsections (13) to (15), a Minister of the Crown may not make the provision without the authority's consent.

(13)The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Wales of a provision of this Act if the Welsh Ministers—

(a)have the power to bring the provision into force in relation to Wales by virtue of subsection (4) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(14)The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Scotland of a provision of this Act if the Scottish Ministers—

(a)have the power to bring the provision into force in relation to Scotland by virtue of subsection (6) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(15)A Northern Ireland department may by order make transitional, transitory or saving provision in connection with the coming into force in relation to Northern Ireland of any provision of this Act if a Northern Ireland department—

(a)has the power to bring the provision into force in relation to Northern Ireland by virtue of subsection (8) (whether or not it has been brought into force), or

(b)would have that power if the provision were listed in subsection (2).

(16)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(17)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

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