306APower to make ambulatory references to international instruments

1

This section applies where—

a

a person has power under this Act to make subordinate legislation, and

b

the person proposes to exercise that power to make subordinate legislation which refers to an international instrument.

2

The power may be exercised so as to have the effect that the reference to the instrument is construed—

a

as a reference to the instrument as modified from time to time;

b

if the instrument is replaced by another instrument, as a reference to that other instrument.

3

For the purposes of subsection (2)(a), an instrument is modified if—

a

omissions, additions or other alterations to the text of the instrument take effect, or

b

supplementary provision made under the instrument takes effect.

4

In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision.

5

Subordinate legislation which makes ambulatory provision may make provision as to—

a

when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3));

b

when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b).

6

In this section—

a

“international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument;

b

“subordinate legislation” has the same meaning as in the Interpretation Act 1978.