Select Committee on Delegated Powers and Regulatory Reform Third Report


ANNEX 1

Nationality, Immigration and Asylum Act, Section 157(1) and (2)

157  Consequential and incidental provision

(1)  The Secretary of State may by order make consequential or incidental provision in connection with a provision of this Act.

(2)  An order under this section may, in particular—

(a)  amend an enactment;

(b)  modify the effect of an enactment.

Parliamentary Procedure: affirmative, if it amends an enactment; otherwise negative (section 157(4)).

Departmental Explanation: (The clause which became section 157 was introduced at Third Reading in the House of Lords.)

  "We are seeking to insert this clause due to the large number of government amendments made at a late stage of the Bill … There will not be adequate time before Third Reading to identify all the possible consequential and incidental amendments that may be necessary to deal with these late amendments. We are also aware of a number of consequential amendments that will need to be made to a number of previous enactments on the subject of nationality … Therefore we consider, with the agreement of Parliamentary Counsel, that there needs to be a power to deal with consequential and incidental amendments to the Bill that may only come to light in due course.

  The orders under this power, where they amend any enactment, will be made by the affirmative resolution procedure. Where no amendments to other enactments are made … the negative resolution procedure will apply."

Note: as introduced at Third Reading, the clause read "may by order make provision which he thinks necessary in consequence of or in connection with a provision of this Act". On Lords' consideration of Commons amendments, this was changed to "may by order make consequential or incidental provision in connection with a provision of this Act".

Committee Report (28th of 2001-02):

"While we find the delegation and the level of scrutiny sufficient, the Committee is concerned about the tabling of a significant Henry VIII power at a stage when effective scrutiny of the power, either by this Committee or by the House, is impossible. We are also surprised that, instead of referring to precedent, the arguments in favour of this power put forward by the Government include the lack of time to identify all the possible consequential and incidental amendments that may be necessary, and the need to make consequential and incidental provision, the need for which "may come to light in due course"."


 
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