Commentary on Sections Part 5: General Section 29: Orders and regulations
99.Section 29 makes provision in connection with the making of orders or regulations under the Act. Orders or regulations made under provisions of the 1992 Act (as applied by section 18 of this Act) are provided for separately by section 26 of the 1992 Act. Section 29 requires that the exercise of a power to make orders and regulations in the Act is to be subject to the affirmative resolution procedure. This is because it is appropriate that they should be subject to a significant level of Parliamentary scrutiny.
100.Section 29(3) contains a limited Henry VIII power to make consequential, incidental, supplementary or transitional provision or savings including provision amending, repealing or revoking enactments. The wording reflects the approach of the 1992 Act as well as section 156(5)(a) of the PPER Act. However, by virtue of section 29(2) the affirmative resolution procedure applies to all orders or regulations made under the Act (with the exception of orders or regulations made under provisions of the 1992 Act applied by section 18).
101.Section 29 also ensures that the hybrid procedure for affirmative resolution instruments does not apply to any orders or regulations made under Part 1 or section 17 of the Act, or to any provision made under section 129(1) of the PPER Act for referendums held under this Act (for example, a single order under Part 1 of the Act which sets different referendum dates and different referendum periods for different regions).