Select Committee on Delegated Powers and Deregulation Second Report


Orders and Regulations

233.  In addition to specifying the general procedures for affirmative or negative resolution for those provisions which include delegated powers to make orders or regulations (clauses 3, 5, 6, 10, 11, 15, 22, 23, 26, 29, 30, 31, 32, 34, 35, 38, 39, 40, 53, 54, 58, 59, 60 and 66—as detailed above), subsection 69(2) provides an enabling power for such orders or regulations to make such incidental, consequential, transitional or supplemental provision as the Secretary of State considers necessary or expedient; to make any modifications of enactments necessary to give full effect to the order or regulations; and to make different provision for different cases, different authorities or different descriptions of authorities.

234.  The Government will ensure that this provision is suitably realigned with the specific delegated powers provided under the Bill when it brings forward the amendments to these delegated powers described elsewhere in this memorandum.


235.  Clause 72 provides for automatic commencement of the Bill's provisions, with the exception of the provisions on surcharge, advisory notices and personal support services in Part V, which will be brought into force via commencement orders.

236.  As is customary, such commencement orders are excluded from the general provision in subsection 69(4) for orders to be subject to the negative resolution procedure.

December 1999

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