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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)The Secretary of State may by order made by statutory instrument amend section 4, 5 or 6 so as to—
(a)substitute a reference to a provision of Northern Ireland legislation with a reference to a different provision of Northern Ireland legislation, or
(b)add a reference to a provision of a description within subsection (2).
(2)A provision is within this subsection if—
(a)it is made by or under Northern Ireland legislation, and
(b)in the opinion of the Secretary of State, it corresponds with a provision under the law of England and Wales or the law of Scotland that is referred to in the section being amended.
(3)An order under this section may include consequential, incidental, supplementary, transitional, transitory or saving provision.
(4)An order under this section may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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