Postal Services Act 2000, section 127(1) to (3)
127 General amendments and repeals
(1) The Secretary of State may by order make
such supplementary, incidental or consequential provision as he
considers necessary or expedient for the general purposes, or
any particular purpose, of this Act or in consequence of any provision
made by or under this Act or for giving full effect to this Act
or any such provision.
(2) The power conferred by subsection (1)
may, in particular, be exercised by modifying any enactment, instrument
or other document.
(3) No other provision of this Act restricts
the power conferred by subsection (1).
is defined in section 125(1) as including amend or repeal.
affirmative (section 122(12)).
In the Bill as introduced in the House of Lords,
the provision was more limited.
"[Section 127] confers a power on the Secretary
of State to make further modifications by order of enactments,
instruments and other documents in consequence of the Bill. An
order tabled under this clause will be subject to the affirmative
procedure. [Section 128] confers a similar power, but in relation
to local enactments. An order under [Section 128] will be subject
to the negative procedure as it is considered that modifications
to local enactment will not be controversial. There are more than
1,600 consequential amendments to consider and it is impractical
to include all these amendments on the face of the Bill. These
consequential amendments will, for example, amend references from
the "Post Office" to "Post Office company"
or "universal service provider" and references to the
existing legislation to "Post Office Act 2000". The
order-making power in these clauses is necessary to complete the
new framework for postal services provided by the Bill."
Committee Report (17th of 1999-2000):
The Committee mentioned the provision in its report,
and said that no amendment was necessary to the delegated powers
in the Bill or their Parliamentary control.
The provision was subject to an amendment at Report
Stage in the House of Lords, to extend it to supplementary and
"[Section 127] already contains an order making
power to enable the Secretary of State to modify any enactment,
instrument or other document as appears necessary or expedient
in consequence of this Act. It is intended that this power will
be used to modify some 1,600 references to the Post Office and
related terms in legislation (which are not dealt with adequately
by the general glosses in Part 1 of Schedule 8). These modifications
will not always be uniform and many need to be considered carefully
in the context of the whole of the Bill. For example amending
"Post Office" not just to "Post Office company"
but possibly "universal service provider" or "any
postal operator". That said, where it is possible to make
"class" provisions, such as for the terms "by post",
"registered post" etc, these will be made. However,
while every effort has been made to identify all of the type of
changes that may be necessary under the power in [section 127]
it is anticipated that some references or provisions will be discovered
(as the work on the order develops) where it will be necessary
to make supplemental and incidental provision rather than simply
substitute one reference for another in existing legislation.
Following further consideration, it was thought that
the existing power was not sufficient in such circumstances and
that it was appropriate for it to be amended to enable the Secretary
of State to make supplementary and incidental, as well as consequential
provision. The amended clause makes clear that such provisions
may only be made where necessary and expedient for the general
purposes, or any particular purpose, of the Bill and in consequence
of any provision made by or under the Bill or to give full effect
to the Bill or any such provision.
Orders under this clause will remain subject to affirmative
Committee Report (23rd of 1999-2000):
"The Committee has had very little time to consider
the amendments but is satisfied that delegation is appropriate
The Committee accepts
that affirmative procedure is appropriate for the Henry VIII power".