PART 7

Miscellaneous and general

General

Power to make consequential provision
48
1
The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
2
The power to make regulations under this section—
a
is exercisable by statutory instrument;
b
includes power to make transitional, transitory or saving provision;
c
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.
3
Before making regulations under this section the Secretary of State must—
a
if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;
b
if the regulations contain provision that would fall within the legislative competence of the National Assembly for Wales if included in an Act of that Assembly, consult the Welsh Ministers;
c
if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.
4
A statutory instrument containing regulations under this section that amend, repeal or revoke anything in primary legislation (whether alone or with other provision) may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
5
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
6
In this section “primary legislation” means—
a
an Act of Parliament;
b
an Act of the Scottish Parliament;
c
a Measure or Act of the National Assembly for Wales;
d
Northern Ireland legislation.