Section 146: Pre consolidation amendments
469.This section (in association with the repeal of section 321 of the PA 2004 by Part 6 of Schedule 10 to the Act) re-enacts a pre-consolidation order making power so that legislation made subsequent to the passing of the 2004 Act can also be included within the scope of such an order.
470.Subsection (1) provides a power to modify enactments listed in subsection (2) where in the opinion of the Secretary of State such modifications facilitate, or are desirable in connection with, the consolidation of any of those enactments.
471.Subsection (3) specifies that no order may be made unless a Bill consolidating the relevant enactments has been presented to either House of Parliament.
472.Subsection (4) provides that a pre-consolidation order made under this power may be brought into effect only by a provision contained in the Act which results from the consolidating Act.
473.Subsection (5) excludes from the scope of an order made under this power any provision which would fall within the legislative competence of the Scottish Parliament.