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Scotland Act 2012

Section 42: Power to make consequential,  transitional and saving provision

209.This section confers powers on the Secretary of State or the Treasury to make consequential or transitional provision by order.

210.Subsection (1) of this section gives the Secretary of State the power, by order, to make provision consequential on Parts 1 and 2 and the other provisions in Part 4 of the Act.

211.Subsection (2) gives the Secretary of State the power, by order, to make transitional or saving provision in connection with the coming into force of those provisions of the Act.

212.Subsection (3) gives the Treasury the power, by order, to make provision consequential on section 29 or 31 and transitional or saving provision in connection with the coming into force of any provision of Part 3.

213.Subsection (4) provides that provision under the section may amend, repeal or revoke an enactment passed or made before the Act was passed.

214.Subsection (5) defines ‘enactment’ for the purposes of this section.

215.Subsection (6) provides that where a statutory instrument made under this section containing an order under subsection (1) or (2) amends or repeals primary legislation then it is subject to draft affirmative procedure in both Houses (otherwise subsection (7) provides for negative procedure to apply).

216.Subsection (8) provides that any instrument made by the Treasury under subsection (3) which amends or repeals any provision of an Act is subject to draft affirmative procedure in the House of Commons (otherwise subsection (9) provides for negative procedure in the Commons to apply).

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