Section 173: Supplementary, incidental, consequential etc. provision
456.This section enables the Secretary of State to make supplementary, incidental or consequential provision. An order made under this power will be subject to negative resolution procedure, unless primary legislation is being amended in which case it is subject to the affirmative resolution procedure. In the circumstances set out in subsection (5) a similar power is exercisable by the Scottish Ministers.
457.This section is different from the power provided in section 172(2) in that it is exercisable independently of the commencement power in section 178 and creates in effect a free-standing power to make consequential provisions at any time, including a power to amend primary and secondary legislation. It is considered necessary, particularly in respect of the SOCA and arrest provisions, to pick up any consequential amendments not identified before the Act's introduction or during its passage.
