Part 9General

I1177Consequential etc amendments and transitional and saving provisions

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Schedule 21 contains minor and consequential amendments.

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Schedule 22 contains transitional, transitory and saving provisions.

3

An appropriate minister may by order make—

a

such supplementary, incidental or consequential provision, or

b

such transitory, transitional or saving provision,

as the appropriate minister considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

F13A

In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.

4

An order under subsection (3) may, in particular—

a

provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

b

modify any provision of—

i

any Act (including this Act and any Act passed in the same session as this Act);

ii

subordinate legislation made before the passing of this Act;

iii

Northern Ireland legislation passed, or made, before the passing of this Act;

iv

any instrument made, before the passing of this Act, under Northern Ireland legislation.

5

Nothing in this section limits the power, by virtue of section 176(3), to include incidental, supplementary, consequential, transitional, transitory or saving provision in an order under section 182 (commencement).

6

The modifications that may be made by virtue of subsection (4)(b) are in addition to those made by, or which may be made under, any other provision of this Act.

7

Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

8

The power under subsection (7) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

9

Subsection (7) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

10

In this section—

  • “appropriate minister” means the Secretary of State or the Lord Chancellor;

  • “modify” includes amend, repeal and revoke, and modification is to be construed accordingly;

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).