Section 23: Consequential and transitional provision
- Subsection (1) allows a minister of the Crown to make regulations which are appropriate as a consequence of the Act.
- Subsection (2) clarifies that consequential provision might include modifying (such as amending, repealing or revoking) both primary and secondary legislation.
- Subsection (3) provides that ministers cannot make consequential provision which amends Acts (or secondary legislation made under those Acts) passed after the end of the parliamentary session in which this Act is passed.
- Subsection (4) makes clear that the temporary power in subsection (1) can only be used for up to ten years after exit day as it expires at that point. See also paragraph 40 of Schedule 8 which makes clear that any such regulations do not expire.
- Subsection (5) gives effect to parts 1 and 2 of Schedule 8, containing further consequential provision.
- Subsection (6) allows a minister of the Crown to make transitional, transitory or saving provision by regulations. For example, this power could be used to save section 2(3) of the ECA (which authorises payments to the European Union) in respect of liabilities incurred whilst the UK was a member state. This could include outstanding transfers of customs duties and sugar levy payments collected by the UK on behalf of the EU.
- Subsection (7) gives effect to parts 3 and 4 of Schedule 8, which contains transitional, transitory and saving provisions.
- Subsection (8) gives effect to Schedule 9, which sets out repeals of certain enactments under the Act.
- The parliamentary scrutiny procedures for the exercise of the powers in subsections (1) and (6) are set out in Part 2 of Schedule 7.
