Part 8 – Supplementary
Section 258: Regulations and orders
496.This section provides that powers conferred by the Act to make regulations or orders (except court orders) may be exercised so as to make different provision for different cases and different purposes and to make ancillary provision.
Section 259: Power to make further provision in connection with civil partnership
497.Subsection (1) confers power (which is not restricted by any other provision of the Act (see subsection (5)) to make, by order, supplementary, incidental, consequential, transitory, transitional or saving provision considered appropriate⎯
for the general purposes of the Act,
for any particular purpose of the Act, or
in consequence of any provision by or under the Act or for giving effect to this Act or any provision of it.
498.This power is exercisable by a Minister of the Crown, by the Scottish Ministers in relation to a provision within the legislative competence of the Scottish Parliament, by a Northern Ireland department in relation to a provision which deals with a transferred matter, and (except in relation to a provision made by virtue of subsection (3)) by the National Assembly for Wales in relation to matters with respect to which functions are exercisable by the Assembly.
499.Subsections (3) and (4) provide that the power may be used to amend or revoke various kinds of legislation.
500.The power is exercisable by statutory instrument or, where it is used by a Northern Ireland department, by statutory rule. In most cases an instrument or statutory rule will be subject to the negative procedure. But if it contains any provision made by virtue of subsection (3) (such as an amendment to primary legislation) it is subject to the affirmative procedure
Section 260: Community obligations and civil partners
501.This power allows Ministers to make provision, by regulations or by Order in Council, for persons who are or have been civil partners (or whose civil partnership was void) that is the same or similar to provision made under section 2(2) of the European Communities Act 1972 which relates to persons who are or have been married (or whose marriage was void).
502.This power is available to any person who is exercising the power in section 2(2) of the European Communities Act 1972, or who would have that power if an instrument were being made under section 2(2) at the same time as the exercise of the power in this section. In appropriate circumstances, the devolved administrations may use the power in section 2(2) of the 1972 Act, and in such circumstances, they will also be able to exercise this power.
503.Subsection (5) applies to instruments made under section 260 the same procedural provisions as apply to instruments made under section 2(2) of the 1972 Act.
Section 262: Extent
504.This section deals with extent. Extent is considered elsewhere in these notes.
Section 263: Commencement
505.This section provides for the coming into force of the provisions of the Act. All substantive provisions of the Act are to come into force by commencement orders. These orders will be made by the Secretary of State, except for the Scottish provisions, which will be made by the Scottish Ministers and the Northern Ireland provisions, which will be made by the Department of Finance and Personnel, both after consulting the Secretary of State. The Secretary of State must consult the Scottish Ministers or the Department of Finance and Personnel before commencing provisions in which they have an interest.
