Commentary on Sections Section 4: Transitional provision in connection with the expiry of Part 7
37.Subsection (1) enables the Secretary of State by order to make transitional, saving and consequential provision as he considers appropriate in connection with the expiry of Part 7 provisions whether by virtue of section 112 of the 2000 Act or section 1 of this Act. Such an order would be subject to the affirmative resolution procedure (subsection (5)).
38.Subsection (2) sets out a number of provisions which may be included in such an order:
	There are a number of provisions within Part 7 of the 2000 which allow for the seizure of property. An order may make provision for anything seized under a Part 7 provision to be retained after the expiry of the Part 7 provisions (subsection (2)(a)) and to be returned or disposed of at a later date (subsection (2)(b)).
	Section 91 of the 2000 Act allows a person with the authority of the Secretary of State to take possession of land and interfere with certain property if it is necessary for the preservation of peace or the maintenance of order. Section 91 has been used in the past to provide land for army barracks and watch towers. An order may allow any interference begun under section 91 to continue after Part 7 ceases to have effect (subsection (2)(c)) and may preserve the provisions which make it an offence to interfere with such action (subsection (2)(d)).
	Section 94 of the 2000 Act provides the Secretary of State with the power to direct the closure or diversion of a specified road where he considers it necessary for the preservation of peace or the maintenance of order. An order may make provision for such roads to remain closed or diverted after Part 7 ceases to have effect (subsection (2)(e)). Section 94 also creates a number of offences in relation to interfering with a road closure or diversion. An order may also provide for the offences under section 94 to continue after the expiry of Part 7 in relation to any road that remains closed or diverted as a result of the order.
	Section 102 of, and Schedule 12 to, the 2000 Act provide for a scheme for the payment of compensation by the Secretary of State where property is taken, occupied, damaged, destroyed or private property rights are otherwise interfered with as a result of the exercise of powers conferred by Part 7. An order may preserve this scheme after the expiry of Part 7 (subsection (2)(f)). This would enable compensation to be payable after the expiry of Part 7 both in relation to things done before expiry and things done after it under provisions preserved by the order.
	Section 113 of the 2000 Act makes transitional provision in relation to certain Part 7 provisions ceasing to have effect. Section 113 is itself a Part 7 provision. It was therefore necessary to make provision in subsection (2)(g) to enable the relevant transitional provisions in section 113 to have effect, with or without modification, notwithstanding the fact that Part 7 itself may have ceased to have effect.