Part 5

General

Power to make consequential provision
78
1
The Secretary of State may by regulations make provision that is consequential on, or on regulations under, Part 1, 2 or 4.
2
Each of the following may by regulations make provision that is consequential on, or on regulations under, Part 3—
a
the Secretary of State or the Minister for the Cabinet Office,
b
the Welsh Ministers,
c
the Scottish Ministers, and
d
a Northern Ireland department.
3
Regulations under subsection (2)—
a
made by the Welsh Ministers, may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;
b
made by the Scottish Ministers, may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
c
made by a Northern Ireland department, may contain only provision which—
i
would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
ii
would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
4
Regulations under this section may amend, repeal or revoke any provision of or made under primary legislation (whenever passed or made).
5
In this section, “primary legislation” means—
a
an Act;
b
a Measure or Act of Senedd Cymru;
c
an Act of the Scottish Parliament;
d
Northern Ireland legislation.