Adoption and Children Act 2002, section 142(1)
142 Supplementary and consequential provision
(1) The appropriate Minister may by order make
(a) any supplementary, incidental or consequential
(b) any transitory, transitional or saving provision,
which he considers necessary or expedient for the
purposes of, in consequence of or for giving full effect to any
provision of this Act.
(4) The provision which may be made under subsection
(1) or (3) includes provision modifying Schedule 4 or amending
or repealing any enactment or instrument.
affirmative, if it adds to, replaces or omits any part of the
text of an Act; otherwise, negative (section 140(2) and (3)).
"The nature and extent of some consequential
or supplementary requirements, including the necessary legislative
amendments, may not become apparent until after the Bill is in
force. To include all the necessary consequential and supplementary
provisions in the Bill would lengthen the Bill, and take up a
considerable amount of Parliamentary time. The Department considers
that an order-making power is the most appropriate form of delegated
legislation for use in this case, and allows Parliamentary scrutiny
of the proposals. A similar approach was taken in clause 37 of
the National Health Service and Health Care Professions Bill."
Committee Report (22nd of 2001-02):
"[subsection (4)] makes it a Henry VIII power.
In this form such an order would attract affirmative procedure."
The Committee concluded that all the powers in the
Bill were appropriately delegated and that the provisions for
Parliamentary scrutiny were appropriate.