The Act Commentary on Sections Part 5: Safeguarding vulnerable groups, criminal records etc. Section 89: Orders under section 88
356.Subsection (1) specifies that orders made under section 88 transferring functions to the DBS or abolishing the ISA must be made by statutory instrument. Such an order may make consequential amendments to any enactment; for example, the dissolution of the ISA would require the replacement of legislative references to ‘ISA’ with ‘DBS’. By virtue of subsections (2) and (3) an order made under section 88 is subject to the affirmative resolution procedure where it amends or repeals provisions in primary legislation, but is otherwise subject to the negative resolution procedure. Subsection (4) disapplies the hybridity procedure should such procedure apply to an order made under section 88. The hybridity procedure is explained in paragraph 154.