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Product Security And Telecommunications Infrastructure 2022

Contents

Part 3: Final Provisions

Section 76: Power to make transitional or saving provision

  1. This Section provides a power for the Secretary of State, by regulations, to make transitional or saving provisions in connection with the coming into force of any provision of this Act. A "transitional" provision manages the transition from one regime to another. A "saving" provision saves the operation of an existing piece of legislation or rule of law.

Section 77: Regulations

  1. This Section provides that any regulations the Secretary of State makes under powers in the Act are exercisable by statutory instrument. Read with Section 79(3) (see below), it provides that regulations made under powers in the Act may make different provision for different purposes. In addition, and with an exception in the case of regulations made under Section 79, it provides that regulations made under powers in the Act may contain supplementary, incidental, consequential, transitional or saving provision. The Section also establishes the normal conditions for use of affirmative resolution procedure and negative resolution procedure.

Section 78: Extent

  1. This Section is self-explanatory.

Section 79: Commencement

  1. The majority of provisions will come into force in accordance with regulations made by the Secretary of State. Section 27 ("Delegation of enforcement functions"), which allows the Secretary of State to delegate their enforcement functions to another person, will come into force on the day on which the Act is passed, alongside Section 76 ("Power to make transitional or saving provision"), Section 77 ("Regulations"), Section 78 ("Extent") and Section 80 ("Short title"), and any powers to make regulations under or by virtue of this Act.

Section 80: Short title

  1. This Section is self-explanatory.

Schedule: Unresponsive occupiers: consequential amendments

  1. The Schedule provides for related amendments to the 2003 Act.
  2. Paragraphs 1 to 3 of the Schedule make various amendments to the 2003 Act.
  3. Paragraph 2 amends section 402 to provide that regulations under paragraphs 27ZB(3)(b) and 27ZE(4) of the Code are subject to the affirmative resolution procedure.
  4. Paragraph 3 makes various amendments to the Code so that it correctly applies and relates to Part 4ZA.

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