Here we go again.
From Spyblog.
Part 6
FINAL PROVISION
43 Power to make consequential provision
(1) A Minister o the Crown, or two or more Ministers of the Crown acting jointly, may by order make such provision as the Minister or Ministers consider appropriate in consequence of this Act.(2) An order under subsection (1) may —
(a) amend, repeal or revoke any provision made by or an Act;
(b) include transitional or saving provision.(3) An order under subsection (1) is to be made by statutory instrument.
(4) A statutory instrument containing an order under subsection (1) which amends or repeals a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) A statutory instrument containing an order under subsection (1) which does not amend or repeal a provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
Repealing any Sections of any Acts of Parliament i.e. Primary Legislation, will only require the “affirmative resolution procedure”.
Revoking any Sections of any Acts of Parliament i.e. Primary Legislation, will only require the “negative resolution procedure”.
Amending any Sections of any Acts of Parliament i.e. Primary Legislation, seems to require both the “affirmative resolution procedure” and the “negative resolution procedure”.
What happened to the supposed “super-affirmative procedure” and the whole of the debate in Parliament and in the UK political blogosphere over the wretched and controversial Legislative and Regulatory Reform Act 2006 then ?
The abuse of the catch all, excessively broad wording “amend, repeal or revoke any provision made by or an Act” means that even the Constitutional Acts like Magna Carta, the Bill of Rights 1689, Habeas Corpus, the European Communities Act, the Human Rights Act, the Civil Contingencies Act etc. can all be repealed or amended without the need for a full debate, or for new Primary Legislation, simply by Order of a Minister.
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