Select Committee on Delegated Powers and Regulatory Reform Twenty-Fourth Report


Clause 189: Financial provisions

Clause 190: Interpretation

323.  These clauses contain no delegated powers.

Clause 191: Orders and regulations

324.  Clause 191 concerns regulations and orders made under the provisions of the Bill. Such regulations and orders are to be statutory instruments subject to the negative resolution procedure (but see paragraph 40 above). Clause 191(6) provides that regulations made by Scottish Ministers in relation to Part 3 of the Bill will be subject to annulment in either House of Parliament.

325.  Clause 191(1)(b) contains the usual provision that subordinate legislation under this Bill may make incidental, supplementary, consequential, transitory or transitional or saving provision.

Clause 192: Repeals and revocations

Clause 193: Wales

326.  These clauses contain no delegated powers.

Clause 194: Commencement

327.  This clause makes standard provision for commencement orders to be made to bring the majority of the provisions of the Act into force. This is except for the technical provisions, order and regulation making powers and the provisions in clauses 182 and 188 which come into force on Royal Assent.

328.  Clause 182 provides for the Northern Ireland Assembly to make an Order in Council to replicate the Welfare Food Scheme provisions in clause 181 for Northern Ireland. To enable the corresponding Northern Ireland legislation to be made as soon as possible after the Bill receives Royal Assent, clause 194 provides that the Order in Council can be sought once Royal Assent is gained.

329.  Clause 188 corrects an error in the Government of Wales Act 2000 made by the National Health Service Reform and Health Care Professions Act 2002. To allow for the error to be corrected as soon as possible, clause 194 provides that the provisions in clause 188 may come into force when this Bill receives Royal Assent.

Clause 195: Transitional or transitory provision and savings

Clause 196: Supplementary and consequential provision

330.  Clauses 195 and 196 confer on the appropriate authority the power to make orders containing transitional, transitory, saving, supplementary, incidental or consequential provision as he considers appropriate in consequence of, or for giving full effect to any provision in the Bill. Clause 195(3) then gives the appropriate authority the power to by order modify any Act or subordinate legislation.

331.  With a Bill of this length, dealing with a wide range of different subjects, a substantial number of consequential amendments to existing legislation and other supplementary, incidental or transitional provisions will be required. To include all of the necessary supplementary and consequential provisions in the Bill would lengthen the Bill and take up a large amount of Parliamentary time. In addition, the nature and extent of some supplementary and consequential requirements, including the necessary legislative amendments, may not become apparent until after the Bill is in force. The Department therefore considers it appropriate that the power in clause 195 should extend to amending or repealing other enactments or instruments.

332.  Orders under clause 195 will be subject to the negative resolution procedure. The Department considers this procedure justified in the present case, even where such an order will amend or repeal an enactment. The powers are merely to enable modification of statutory provisions by way of consequential, supplementary, or transitional adaptation. To apply the affirmative procedure in this case would involve needless consumption of Parliamentary time on consequential or supplementary matters.

Clause 197: Extent

Clause 198: Short Title

333.  These clauses contain no delegated powers.

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