Select Committee on Delegated Powers and Regulatory Reform Third Report


Adoption and Children Act 2002, section 142(1) and (4)

142  Supplementary and consequential provision

(1)  The appropriate Minister may by order make—

(a)   any supplementary, incidental or consequential provision,

(b)   any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(4) The provision which may be made under subsection (1) or (3) includes provision modifying Schedule 4 or amending or repealing any enactment or instrument.

Parliamentary procedure: affirmative, if it adds to, replaces or omits any part of the text of an Act; otherwise, negative (section 140(2) and (3)).

Departmental explanation:

"The nature and extent of some consequential or supplementary requirements, including the necessary legislative amendments, may not become apparent until after the Bill is in force. To include all the necessary consequential and supplementary provisions in the Bill would lengthen the Bill, and take up a considerable amount of Parliamentary time. The Department considers that an order-making power is the most appropriate form of delegated legislation for use in this case, and allows Parliamentary scrutiny of the proposals. A similar approach was taken in clause 37 of the National Health Service and Health Care Professions Bill."

Committee Report (22nd of 2001-02):

"[subsection (4)] makes it a Henry VIII power. In this form such an order would attract affirmative procedure."

The Committee concluded that all the powers in the Bill were appropriately delegated and that the provisions for Parliamentary scrutiny were appropriate.

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