PART 7General
71Power to make consequential, transitional and saving provision
1
The Secretary of State may by regulations make—
a
such consequential provision in connection with any provision of Part 1, 3, 4, 5 or 6, or
b
such transitional or saving provision in connection with the coming into force of any provision of Part 1, 3, 4, 5 or 6,
as the Secretary of State considers appropriate.
2
Regulations under this section may amend, repeal, revoke or otherwise modify any of the following—
a
an enactment or an instrument made under an enactment;
b
a prerogative instrument;
c
any other instrument or document.
3
For the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, subsection (2) applies to an enactment, instrument or document whenever passed or made.
4
Otherwise, subsection (2) applies to—
a
an Act of Parliament passed before or in the same session as this Act;
b
an Act of the Scottish Parliament passed, or an instrument or document made, before the end of the session in which this Act is passed.
5
Regulations under this section may make—
a
different provision for different purposes or cases;
b
provision generally or for specific cases;
c
provision subject to exceptions;
d
provision for the delegation of functions;
e
transitional or saving provision.
6
Regulations under this section must be made by statutory instrument.
7
A statutory instrument containing regulations under this section which includes provision amending or repealing any provision of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8
Any other statutory instrument containing regulations under this section, if made without a draft having been approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.
9
In this section—
“enactment”—
- a
includes an Act of the Scottish Parliament, and
- b
for the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, also includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;
- a
“prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative;
“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, and
- d
Northern Ireland legislation.
- a
10
In Schedule 4 to the Scotland Act 1998 (enactments etc protected from modification), in paragraph 14, after “section 105” insert “
or under section 71 of the Scotland Act 2016
”
.