Select Committee on Delegated Powers and Regulatory Reform Third Report


Utilities Act 2000, section 109(1) and (2)

109  Power to make transitional provision, etc

(1)  The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, or in connection with, or in consequence of -

(a)  the coming into force of any provision of this Act; or

(b)  the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2)  Such regulations may make modifications of any enactment contained in any Act or subordinate legislation (including an enactment contained in this Act or in any Act passed or subordinate legislation made in the same session as this Act).

Parliamentary procedure: negative (section 109(3)).

Departmental explanation:

"[Section 109] provides standard transitional provisions to make regulations to deal with consequential changes to primary or secondary legislation as a result of the Bill (precedents can be found in, e.g., section 42 Food Standards Act 1999). For example, a number of regulations or orders made under the Gas Act 1986 and the Electricity Act 1989 will need to be amended to replace references to the Director General of Gas Supply and to the Director General of Electricity Supply with references to the Authority. Delegated legislation is thought to be appropriate in this case since these are matters of detail arising under the Bill.

Procedure: It is considered that the negative resolution procedure is appropriate given the limited and detailed nature of the power."

Committee Report (17th of 1999-2000):

"There are negative powers in each of the following clauses … [section 109] (power to make transitional provision, etc). In each of these cases the Committee considers both the proposed delegation, and the negative resolution procedure, appropriate."

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