Explanatory Notes

Civil Partnership Act 2004

2004 CHAPTER 33

18th November 2004

Commentary on Sections

Part 8 – Supplementary

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⎯

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