Select Committee on Delegated Powers and Regulatory Reform Third Report


Enterprise Act 2002, section 277(1), (2) and (4)

277  Power to make consequential amendments etc.

(1)  The Secretary of State may by order make such supplementary, incidental or consequential provision as he thinks appropriate—

(a) for the general purposes, or any particular purpose, of this Act; or

(b) in consequence of any provision made by or under this Act or for giving full effect to it.

(2)  An order under this section may—

(a) modify any Act or subordinate legislation (including this Act);

(b) make incidental, supplementary, consequential, transitional, transitory or saving provision…..

(4)  The power conferred by this section is not restricted by any other   provision of this Act.

Parliamentary procedure: negative (section 277 (3)).

Departmental explanation:

"Clause 273 contains provision to allow the Secretary of State to make supplementary, incidental or consequential provision for the purposes of, or in consequence of provision made by, or under the Act. This power is subject to a negative resolution procedure."

Committee Report (24th of 2001-02):

The Committee did not comment on this provision, but said:

"There is a large number of Henry VIII Powers: 26 in all. We have considered all of these powers, and accept that delegation is appropriate. Of these 9 are subject to affirmative procedure and raise no issues so far as the Committee is concerned … The remainder are subject to negative procedure. We have considered whether the degree of Parliamentary control is adequate. We conclude that it is, as these powers are limited in scope."

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