Part 5: General
Section 89: Orders and regulations made by Ministers of the Crown
379.This section requires that orders and regulations made under provisions of the Act by the Secretary of State, the Treasury or the Lord Chancellor must be made by statutory instrument.
380.Subsection (2) provides that any orders or regulations may contain incidental, supplementary, consequential, transitional, transitory or saving provision and may make different provision for different cases or circumstances or areas.
381.Subsections (4) to (8) define “affirmative resolution procedure”, “approval after being made” and “negative resolution procedure
382.Subsection (9) gives the flexibility to include provisions requiring negative resolution procedure within a statutory instrument which is subject to an affirmative resolution procedure.
Section 90: Minor definitions
383.This section defines “enactment” and “OFCOM”. OFCOM is the independent regulator and competition authority for the UK communications industries.
Section 91: Minor and consequential amendments
384.This section introduces Schedule 12 of the Act, which contains some minor and consequential amendments and repeals.
385.Subsection (3) gives the Secretary of State or the Treasury the power by order to make any further consequential amendments, repeals, revocations or modifications to any enactment as considered necessary in consequence of provisions of the Act.
386.Subsection (4) stipulates that any order made under this section is to be subject to the negative resolution procedure.
Section 92: Financial Provisions
387.This section is a general financial provision that allows there to be money provided by Parliament for activities under the Act.
388.Paragraph (a) allows for money to be provided by Parliament in relation to any expenditure incurred by a Minister of the Crown or the Postal Services Commission by virtue of the Act. Paragraph (b) allows for money to be provided from Parliament in relation to any increase attributable to the Act in any moneys that are payable under any other Acts.
Section 93: Short title, commencement and extent
389.Subsection (2) of this section provides for certain specified provisions of the Act to come into force on the day after the Act is passed.
390.Subsection (3) provides that any other provisions of the Act will come into force on such day as the Secretary of State or the Treasury may by order appoint (and that different days may be appointed for different purposes).
391.Subsection (4) provides that the Secretary of State or the Treasury may by order make any transitional and savings provisions as necessary in connection with the commencement of any provision of the Act.
392.Subsections (5) and (6) provide that any amendment or repeal made by the Act has the same extent as the enactment to which it relates and that, subject to that, the provisions of the Act will extend throughout the United Kingdom.
