PART 7General

71Power to make consequential, transitional and saving provision

1

The Secretary of State may by regulations make—

a

such consequential provision in connection with any provision of Part 1, 3, 4, 5 or 6, or

b

such transitional or saving provision in connection with the coming into force of any provision of Part 1, 3, 4, 5 or 6,

as the Secretary of State considers appropriate.

2

Regulations under this section may amend, repeal, revoke or otherwise modify any of the following—

a

an enactment or an instrument made under an enactment;

b

a prerogative instrument;

c

any other instrument or document.

3

For the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, subsection (2) applies to an enactment, instrument or document whenever passed or made.

4

Otherwise, subsection (2) applies to—

a

an Act of Parliament passed before or in the same session as this Act;

b

an Act of the Scottish Parliament passed, or an instrument or document made, before the end of the session in which this Act is passed.

5

Regulations under this section may make—

a

different provision for different purposes or cases;

b

provision generally or for specific cases;

c

provision subject to exceptions;

d

provision for the delegation of functions;

e

transitional or saving provision.

6

Regulations under this section must be made by statutory instrument.

7

A statutory instrument containing regulations under this section which includes provision amending or repealing any provision of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

8

Any other statutory instrument containing regulations under this section, if made without a draft having been approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

9

In this section—

  • “enactment”—

    1. a

      includes an Act of the Scottish Parliament, and

    2. b

      for the purposes of making provision in connection with, or with the coming into force of, a provision of Part 3, also includes a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;

  • “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative;

  • “primary legislation” means—

    1. a

      an Act of Parliament,

    2. b

      an Act of the Scottish Parliament,

    3. c

      a Measure or Act of the National Assembly for Wales, and

    4. d

      Northern Ireland legislation.

10

In Schedule 4 to the Scotland Act 1998 (enactments etc protected from modification), in paragraph 14, after “section 105” insert “ or under section 71 of the Scotland Act 2016 ”.