Modifications etc. (not altering text)
C1Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))
C2Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
C3Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
12(1)The Secretary of State may by order made by statutory instrument—U.K.
(a)amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any entry in it;
(b)in consequence of provision made under paragraph (a), amend, repeal or revoke any other legislation (including this Act) whenever passed or made.
(2)The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.
(3)That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.
(4)In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.
(5)An order under this paragraph may contain transitional or transitory provision or savings.
(6)A statutory instrument containing an order under this paragraph that amends or repeals primary legislation may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(7)Any other statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(8)In this paragraph “primary legislation” means—
(a)an Act of Parliament,
(b)an Act of the Scottish Parliament,
(c)an Act or Measure of the National Assembly for Wales, or
(d)Northern Ireland legislation.