Select Committee on Delegated Powers and Regulatory Reform Third Report


Care Standards Act 2000, section 119(1) and (2)

Supplementary and consequential provision, etc

(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.

(2)  The provision which may be made under subsection (1) includes provision amending or repealing any enactment or instrument.

Parliamentary procedure:

Affirmative if the order adds to, replaces or omits any part of the text of an Act; otherwise, negative (section 118) (Instruments made solely for Wales by the National Assembly for Wales are subject to Assembly procedures).

Departmental explanation:

"With a Bill of this length, dealing with a wide range of different subjects, a number of supplementary, incidental, consequential or transitional provisions may be required. It is likely that some of these matters not currently included in the Bill will be put forward as amendments to the Bill. However 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. The Department therefore considers it appropriate that the power in [section 119] should extend to amending or repealing other enactments, instruments or documents.

Orders under [section 119] will be subject to the negative resolution procedure. The Department considers that this procedure is justified in the present case, even where such an order will amend or repeal an enactment. To include all the necessary consequential and supplementary provisions in the Bill would lengthen the Bill, and take up Parliamentary time on consequential and supplementary matters".

Note: The Bill provided originally for all orders made by the Secretary of State under this provision to be subject to negative procedure only, and included a reference to documents in subsection (2).

Committee Report (2nd of 1999-00):

"Subsection (2) converts the order-making power into a Henry VIII power by extending it to allow the amendment or repeal of "any enactment, instrument or document". The memorandum does not explain [3] why the reference to "document" has been added to a formula which is becoming more common.

The House may wish to consider whether an order under clause 95(2) should attract the affirmative procedure."

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