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Part 5U.K.General

78Power to make consequential provisionU.K.

(1)The Secretary of State may by regulations make provision that is consequential on, or on regulations under, Part 1, 2 or 4.

(2)Each of the following may by regulations make provision that is consequential on, or on regulations under, Part 3—

(a)the Secretary of State or the Minister for the Cabinet Office,

(b)the Welsh Ministers,

(c)the Scottish Ministers, and

(d)a Northern Ireland department.

(3)Regulations under subsection (2)

(a)made by the Welsh Ministers, may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;

(b)made by the Scottish Ministers, may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c)made by a Northern Ireland department, may contain only provision which—

(i)would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(ii)would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(4)Regulations under this section may amend, repeal or revoke any provision of or made under primary legislation (whenever passed or made).

(5)In this section, “primary legislation” means—

(a)an Act;

(b)a Measure or Act of Senedd Cymru;

(c)an Act of the Scottish Parliament;

(d)Northern Ireland legislation.

Commencement Information

I1S. 78 in force at Royal Assent, see s. 81(1)(c)