Section 39: Power to amend Chapter 2
213.This section contains a power for the Secretary of State to amend the definition of “local authority” and to amend Schedule 7 by way of regulations. This power could be used (for example) to (a) impose the duty contained in section 36(1) on Scottish local authorities; and (b) amend the list in Schedule 7 of those authorities that are partners of panels subject to the co-operation duty so that Scottish bodies are included. In Scotland the programme equivalent to the Channel programme is known as “Prevent Professional Concerns”. In cases where an amendment is needed to omit an entry of a body which has ceased to exist, or to vary an entry in consequence of a change of name or transfer of functions, the regulations are subject to the negative Parliamentary procedure (subsections (6) and (7)); all other amendments, including amendments to the definition of “local authority” and the addition of new bodies as panel partners, are subject to the affirmative procedure (subsection (5)). Where the power is to be exercised in relation to Welsh or Scottish authorities, the Welsh or Scottish Ministers must be consulted first (subsections (2) and (3)). Subsection (4) provides that regulations made under this section may amend Chapter 2 to make consequential or supplemental provision.