PART 4

General

Power to make consequential provision
54
1
The Secretary of State may by regulations made by statutory instrument make provision in consequence of any provision made by or under Part 1 or 2.
2
The Scottish Ministers may by regulations make provision in consequence of section 29 or any provision made by or under Part 1 or 2 that extends only to Scotland.
3
The Department of Justice in Northern Ireland may by regulations make provision in consequence of any provision made by or under Part 1 or 2 that extends only to Northern Ireland.
4
Regulations under subsections (1) to (3) may include transitional, transitory or saving provision.
5
Regulations under subsections (1) to (3) may repeal, revoke or otherwise amend any provision of primary or subordinate legislation (including legislation passed or made on or before the last day of the session in which this Act is passed).
6
Regulations under subsection (2) or (3) may not include provision of the kind mentioned in subsection (5) unless the provision is within legislative competence.
7
For this purpose, a provision of regulations is within legislative competence if—
a
in the case of regulations made by the Scottish Ministers, it would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament;
b
in the case of regulations made by the Department of Justice in Northern Ireland, it deals with a transferred matter.
8
In this section and in section 55—
- “primary legislation” means—
  1. an Act;
  2. an Act of the Scottish Parliament;
  3. a Measure or Act of the National Assembly for Wales;
  4. Northern Ireland legislation;
- “subordinate legislation” means—
  1. subordinate legislation within the meaning of the Interpretation Act 1978;
  2. an instrument made under an Act of the Scottish Parliament;
  3. an instrument made under a Measure or Act of the National Assembly for Wales;
  4. an instrument made under Northern Ireland legislation;
- “transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998.