Commentary on Sections Miscellaneous and supplemental Sections 11 and 13: Orders and minor and consequential amendments
31.Section 11 stipulates that all powers of the Secretary of State and Welsh Ministers to make orders under the Act are exercisable by statutory instrument. A statutory instrument containing an order under section 8 (i.e. an order amending the scope of the concession in England) is subject to the negative resolution procedure. This mirrors the procedure that applies to the equivalent order-making powers under section 147 of the 2000 Act.
32.Orders made by the Secretary of State under sections 9 (varying reimbursement and other administrative arrangements), 10 (allowing for recognition of Welsh, Scottish and Northern Irish permits in England) and 13 (consequential amendments) of the Act are subject to the affirmative resolution procedure, as are orders made by the Welsh Ministers under section 10 (allowing for recognition of English, Scottish and Northern Irish permits in Wales). This means that the order cannot be made unless a draft of the statutory instrument has been approved by both Houses of Parliament (in the case of England) or the National Assembly (in the case of Wales).
33.Section 13 contains a power for the Secretary of State to make changes to any other enactment passed or instrument made on or before the last day of the session in which the Act is passed. Such changes are limited to those which appear to him to be appropriate in consequence of the Act and (as mentioned above) are subject to the affirmative resolution procedure.