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Adoption and Children Act 2002

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This is the original version (as it was originally enacted).

142Supplementary and consequential provision

This section has no associated Explanatory Notes

(1)The appropriate Minister may by order make—

(a)any supplementary, incidental or consequential provision,

(b)any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)For the purposes of subsection (1), where any provision of an order extends to England and Wales, and Scotland or Northern Ireland, the appropriate Minister in relation to the order is the Secretary of State.

(3)Before making an order under subsection (1) containing provision which would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the appropriate Minister must consult the Scottish Ministers.

(4)Subsection (5) applies to any power of the Lord Chancellor, the Secretary of State or the Assembly to make regulations, rules or an order by virtue of any other provision of this Act or of Her Majesty to make an Order in Council by virtue of section 125.

(5)The power may be exercised so as to make—

(a)any supplementary, incidental or consequential provision,

(b)any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

(6)The provision which may be made under subsection (1) or (5) includes provision modifying Schedule 4 or amending or repealing any enactment or instrument.

In relation to an Order in Council, “enactment” in this subsection includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(7)The power of the Registrar General to make regulations under Chapter 5 of Part 1 may, with the approval of the Chancellor of the Exchequer, be exercised so as to make—

(a)any supplementary, incidental or consequential provision,

(b)any transitory, transitional or saving provision,

which the Registrar General considers necessary or expedient.

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