Section 42: Power to make consequential, transitional and saving provision

Scotland Act 2012 · 2012 c. 11View on legislation.gov.uk

Part 4: Miscellaneous and General

The Secretary of State may by order make provision consequential on any provision of Part 1 or 2 or the preceding provisions of this Part.

The Secretary of State may by order make transitional or saving provision in connection with the coming into force of any provision of Part 1 or 2 or the preceding provisions of this Part.

The Treasury may by order make—

provision consequential on section 29 or 31;
transitional or saving provision in connection with the coming into force of any provision of Part 3.

Provision under this section may amend, repeal or revoke an enactment passed or made before this Act is passed.

In this section "enactment" includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978) and an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament.

A statutory instrument containing an order under subsection (1) or (2) which includes provision amending or repealing any provision of an Act or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Any other statutory instrument containing an order under subsection (1) or (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing an order under subsection (3) which includes provision amending or repealing any provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

Any other statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the House of Commons.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.