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Health Protection Agency Act 2004

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This is the original version (as it was originally enacted).

12Commencement

This section has no associated Explanatory Notes

(1)Except as provided in subsection (3) the preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2)Different days may be appointed for different purposes.

(3)Paragraph 3 of Schedule 3 comes into force two months after the day on which this Act is passed.

(4)The Secretary of State must not make an order under subsection (1) for the purposes of section 1 unless he first consults—

(a)the Scottish Ministers;

(b)the Department of Health, Social Services and Public Safety in Northern Ireland;

(c)the National Assembly for Wales.

(5)The appropriate authority may by order make such provision as it thinks necessary or expedient in consequence of the coming into force of this Act (including provision amending, repealing or revoking any enactment passed or made before the passing of this Act).

(6)Unless an order under subsection (5) amends or repeals an enactment contained in an Act or an Act of the Scottish Parliament—

(a)if it is made by the Secretary of State it must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;

(b)if it is made by the Scottish Ministers it must be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament;

(c)if it is made by the Department of Health, Social Services and Public Safety in Northern Ireland it must be made by statutory rule (for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))) subject to negative resolution.

(7)The power to make an order under subsection (5) which does amend or repeal such an enactment—

(a)is exercisable by the Secretary of State by statutory instrument but no such order may be made unless a draft of the order has been approved by a resolution of each House of Parliament;

(b)is exercisable by the Scottish Ministers by statutory instrument but no such order may be made unless a draft of the order has been approved by a resolution of the Scottish Parliament;

(c)is exercisable by the Department of Health, Social Services and Public Safety in Northern Ireland by statutory rule subject to affirmative resolution.

(8)An order made by the National Assembly for Wales must be made by statutory instrument.

(9)Negative resolution and affirmative resolution must be construed in accordance with section 41 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(10)Enactment includes—

(a)any provision of or instrument made under an Act of the Scottish Parliament;

(b)Northern Ireland legislation.

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