Part 5: Final Provisions
Section 58: Consequential provision
- Subsection (1) gives effect to Schedule 13, which makes amendments to existing primary and secondary legislation. Subsection (2) provides the appropriate national authority, defined in subsection (3) as the Secretary of State, the Department of Justice in Northern Ireland or the Scottish Ministers, with the power to, by regulations, make provisions in consequence of this Act.
- Subsection (4) provides that regulations under subsection (2) may amend legislation, whenever passed or made (legislation is defined in section 60 as including both primary and subordinate legislation; these terms are further defined in that section). Regulations made under subsection (2) are subject to either the affirmative or negative Parliamentary procedure, depending on whether they amend primary legislation (see subsections (5) and (6)).
- Subsection (7) provides that the power for the Department of Justice in Northern Ireland or the Scottish Ministers to make regulations under subsection (2) is subject to section 59(10) or (11).
- Subsection (8) allows the Secretary of State to make regulations to replace any reference in this Act to the commencement of a provision of the Act with a reference to the actual date on which the provision comes into force. In addition, a reference in the Act to the date of the Act’s first reading (as a Bill) in the House of Commons may be replaced with the actual date of first reading. A similar power is also provided in respect of references to "specified day" in Part 4 of the Act. This will enable a person reading the Act to have a clear idea of whether the provision is currently in force.
Section 59: Regulations
- This section makes provisions relating to regulations made under this Act. Subsection (1) states that any regulations made by the Secretary of State are to be made by statutory instrument.
- Subsection (2) provides that any regulations made by the Department of Justice in Northern Ireland are to be made by statutory rule.
- Subsections (3) and (4) set out, respectively, the conditions for making regulations by "affirmative procedure" and "negative procedure", depending on whether the regulations are made by the Secretary of State or by the devolved administrations. Subsections (5) to (8) relate to the "made affirmative procedure", which, under section 47(5)(b), may be used instead for regulations which make provision which is consequential on that section or on section 46.
- Subsection (9) provides that regulations under this Act may make different provisions for different purposes or cases; incidental, supplementary or consequential provision; and may include transitional or transitory provision or savings.
- Subsection (10) clarifies that regulations made by the Department of Justice in Northern Ireland may only make transferred provision, or make reserved provision with the consent of the Secretary of State. Subsection (11) clarifies that regulations made by the Scottish Ministers may only make provision that would be within the legislative competence of the Scottish Parliament, if it were contained in an Act of the Scottish Parliament.
Section 60: Interpretation
- This section provides definition and explanation of various terms used in this Act.
Section 61: Application to the Crown
- This section confirms that this Act binds the Crown.
Section 62: Extent
- Subsection (1) sets out the territorial extent of the Act. It extends to England and Wales, Scotland and Northern Ireland, except as specified in subsections (2) to (5).
Section 63: Commencement
- This section makes provisions about the coming into force of the provisions of the Act.
Section 64: Short title
- This section sets out the short title of the Act.
