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Constitutional Reform and Governance Act 2010

Constitutional Reform and Governance Act 2010

2010 CHAPTER 25

Commentary on Sections

Part 7: Miscellaneous and Final Provisions

Section 51: Power to make consequential provision

326.Section 51 contains a power to make changes to primary or secondary legislation in consequence of the Act by order. Section 51(1) provides that the power can be exercised by a Minister of the Crown, or two or more Ministers acting jointly.

327.Subsection (2) provides that an order may amend, repeal or revoke provision in primary or secondary legislation and may include transitional, transitory or saving provisions. An order under this section must be made by statutory instrument (subsection (4)). If it amends primary legislation, an order will be subject to the affirmative resolution procedure (subsection (5)). Any other order will be subject to negative resolution procedure (subsection (6)).

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