Select Committee on Delegated Powers and Regulatory Reform Third Report


Local Government (Wales) Act 1994, section 54(1) and (2)(e)

54  Consequential and supplementary provision

(1)  The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient—

(a)  for general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it; or

(b)  in consequence of such of the provisions of any other Act passed in the same Session as this Act as apply to any areas or authority affected by this Act.

(2)  An order under subsection (1) may, in particular, make provision—  ...

(e)  for applying (with or without modifications) or amending, repealing or   revoking (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996"

Parliamentary procedure: negative (section 63).

Departmental explanation:

"[This provision] is similar in scope and intention to section 254(2)(c) of the [Local Government Act 1972]….Because an order under this clause may involve amendment to legislation and can be used in potentially far reaching ways, the Department considers it desirable that such an order should be subject to the scrutiny by Parliament for which the negative resolution procedure provides"

Committee Report (2nd of 1993-94):

"The Committee was concerned that … the order-making power extended not only to "incidental, consequential, [and] transitional provision" as the Secretary of State thinks necessary or expedient … but also to "supplemental provision" he thinks necessary or expedient for those purposes. In view of this extension of the delegated power to supplemental, and of the Welsh Office's admission … that the power could be used "in potentially far-reaching ways", we urge the House to consider whether or not the affirmative procedure would be more appropriate in this case."

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