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PART 2U.K.Final provisions

90Power to alter expiry dateU.K.

(1)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and

(b)expires instead at such earlier time as is specified in the regulations.

(2)A relevant national authority may by regulations provide that any provision of this Act—

(a)does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and

(b)expires instead at such later time as is specified in the regulations.

(3)A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).

(4)Regulations under this section—

(a)may make different provision for different purposes or areas;

(b)may make transitional, transitory or saving provision.

(5)In this section “relevant national authority” means a Minister of the Crown, subject as follows.

(6)In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority's consent.

(7)The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to England and Wales and applies in relation to Wales, and

(b)so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).

(8)The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.

(9)The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Scotland, and

(b)so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(10)The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.

(11)A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—

(a)it extends to Northern Ireland, and

(b)so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—

(i)it would be within the legislative competence of that Assembly, and

(ii)it would not require the consent of the Secretary of State.

(12)References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.

(13)The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.

(14)Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.

(15)Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).