(1)A power to make regulations under any provision of this Act includes power to make—
(a)consequential, supplementary, incidental, transitional, transitory or saving provision;
(b)different provision for different purposes.
(2)Regulations under this Act are to be made by statutory instrument.
(3)A statutory instrument containing (whether alone or with other provision) regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4)This subsection applies to—
(a)regulations under section 16 which amend, repeal or revoke primary legislation (within the meaning of that section);
(b)regulations under section 21;
(c)regulations under subsection (4) of section 23, other than regulations containing only provision under any of paragraphs (c), (d) or (e) of that subsection.
(5)Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(6)This section does not apply to regulations under section 52.
Explanatory Notes · published by the Government with the Bill
409. This clause sets out how the powers to make regulations conferred on the Secretary of State will be used in practice.
410. Subsection (1) sets out that consequential amendments can be made alongside regulations under any provision in this Bill.
411. Subsection (2) explains that any regulations made using powers granted to the Secretary of State by this Bill must be made by statutory instrument.
412. Subsection (3) and (4) require draft regulations under section 16 (which amend primary legislation), section 21 and subsection 23(4) to be laid and approved by both Houses of Parliament before they can come into effect (the affirmative resolution procedure). This does not apply to regulations under paragraphs (c), (d) or (e) of section 24(4).
413. Subsection (5) sets out that any other statutory instrument containing regulations under the Act is subject to annulment in pursuance of a resolution of either House of Parliament (the negative resolution procedure).
414. Subsection (6) confirms that this clause does not apply to clause 52 (commencement).
Amendments tabled 3, including 1 from the Government
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would require the Secretary of State to consult with and receive consent from Scottish Ministers before making regulations relating to slavery and human trafficking which affect Scotland.
Effect on the clause · the printed text with this amendment applied
51:40saving provision;
52:1(b) different provision for different purposes.
(1A) Where any provision of this Act includes a power to make regulations and such provision or regulations would affect—
(a) the identification of victims of slavery and human trafficking in Scotland,
(b) the provision of support to victims of slavery and human trafficking in Scotland, or
(c) any duties on Scottish public authorities relating to tackling slavery and human trafficking in Scotland,
the Secretary of State must consult with and receive consent from Scottish Ministers before making such regulations.
52:2(2) Regulations under this Act are to be made by statutory instrument.
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 1, at end insert—
Show the full text (5 lines)
“(1A) Where any provision of this Act includes a power to make regulations and such provision or regulations would affect—
(a) the identification of victims of slavery and human trafficking in Scotland,
(b) the provision of support to victims of slavery and human trafficking in Scotland, or
(c) any duties on Scottish public authorities relating to tackling slavery and human trafficking in Scotland,
the Secretary of State must consult with and receive consent from Scottish Ministers before making such regulations.”
Anna Turley, Minister of State (Home Office) Replaces words
Consequential Not yet debated
Explanatory statement · what it would do, in the words of the Government
Effect on the clause · the printed text with this amendment applied
52:9legislation (within the meaning of that section);
52:10(b) regulations under section 21;
(b) regulations under section (Core protection: amendments) which amend, repeal or revoke primary legislation (within the meaning of that section);
52:11(c) regulations under subsection (4) of section 23, other than regulations
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 10, leave out paragraph (b) and insert—
“(b) regulations under section (Core protection: amendments) which amend, repeal or revoke primary legislation (within the meaning of that section);”
Amendment 142
New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would make regulations exempting further categories of people from the requirement to contribute towards the cost of asylum support subject to the affirmative procedure, so that they cannot be made without the approval of both Houses.
Effect on the clause · the printed text with this amendment applied
52:12containing only provision under any of paragraphs (c), (d) or (e) of
52:13that subsection.
(d) regulations under subsection (6)(c) of section 23.
52:14(5) Any other statutory instrument containing regulations under this Act is subject
The amendment · as tabled, addressed to the printed Bill
Clause 50, page 52, line 13, at end insert—
“(d) regulations under subsection (6)(c) of section 23.”