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Nationality And Borders Act 2022

Part 7: General

Section 83: Financial provision
  1. This section sets out that Parliament is to provide the finances to cover costs incurred by this Act, as well as costs incurred by other Acts as a consequence of this Act.
Section 84: Transitional and consequential provision
  1. This section provides that the Secretary of State may by regulations make transitional, or temporary provisions in relation to the provisions of this Act coming into effect.
  2. Subsections 2 and 3 enable the Secretary of State to make provision that is consequential on this Act by regulations. Such regulations may amend any enactment.
  3. Subsection 4 provides a definition of "enactment".
  4. Subsections 5 and 6 provide that consequential regulations which amend an Act of Parliament, retained direct principal EU legislation, an Act of the Scottish Parliament, a Measure or Act of Senedd Cymru, or Northern Ireland legislation are to be made under the affirmative resolution procedure. Any other consequential regulations under subsection 2 may be made under the negative resolution procedure.
  5. Subsection 7 makes consequential amendments to the UK Borders Act 2007, adding this Act to the list of Immigration Acts contained in section 61 of that Act.
Section 85: Regulations
  1. This section sets out how the powers to make regulations conferred on the Secretary of State will be used in practice.
  2. Subsection 1 explains that any regulations made using powers granted to the Secretary of State by this Act must be made by statutory instrument.
  3. Subsection 2 sets out that regulations under this Act may make different provisions for different purposes.
  4. Subsection 3 explains the meaning of "negative resolution procedure".
  5. Subsection 4 explains the meaning of "affirmative resolution procedure".
  6. Subsection 5 stipulates that a provision which would be subject to the negative resolution procedure may be changed to require the affirmative resolution procedure. This increases the level of scrutiny since regulations under the affirmative resolution procedure must be actively approved by both Houses of Parliament.
  7. Subsection 6 provides that, if a provision would be subject to no Parliamentary procedure under this Act, it may be included in regulations subject to either the negative resolution procedure or the affirmative resolution
Section 86: Extent
  1. This section sets out the territorial extent of each provision in the Act (see also Annex B). It also provides a permissive extent section for provisions in the Act to be extended by Order in Council to the any of the Channel Islands or the Isle of Man.
  2. Subsection 1 provides that the Act extends to England and Wales, Scotland and Northern Ireland, subject to the remaining subsections of this section.
  3. Subsection 2 provides that where this Act amends, repeals or revokes other legislation, the changes will have the same extent as the legislation to which those changes are made.
  4. Subsection 3 provides that provisions in Part 1 of this Act extends to the Channel Islands and the Isle of Man and the British overseas territories.
  5. Subsection 4 provides that any of the provisions in this Act may be extended by Order in Council, with or without modifications, to any of the Channel Islands or the Isle of Man.
  6. Subsections 5 and 6 provide that where the Act amends or repeals any part of an Act listed under subsection 6, the existing permissive extent section in that Act may be used to extend the amendment or repeal made by the Act by Order in Council, with or without modifications, to the any of the Channel Islands or the Isle of Man
Section 87: Commencement
  1. This section explains when the provisions of the Act will come into force.
  2. Subsections 1 and 2 provide that the Secretary of State may by regulations appoint the day or days on which the provisions in this Act will come into force, with the exception of those provisions which will come into force either when this Act becomes an Act of Parliament or two months after that date (see subsections 3 to 5).
  3. Subsection 3 sets out which provisions of this Act come into force on the day this Act becomes an Act of Parliament.
  4. Subsection 4 sets out the provisions of this Act which come into force on the day this Act becomes an Act or Parliament, for the purpose of making (and where required, consulting on) regulations.
  5. Subsection 5 sets out the provisions of this Act which come into force at the end of the period of two months beginning with the day on which this Act is passed.
Section 88: Short title
  1. This section establishes the short title of the Act as the Nationality and Borders Act 2022.

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