Commentary on Sections Part 4: Supplemental Section 38: Power to make consequential and transitional provision etc
149.This section enables the Secretary of State, by order, to make any supplemental, incidental or consequential provision, and any transitory, transitional or saving provision which he considers necessary to give full effect to the Act.
150.Subsection (2)(a) states that such an order may amend, repeal or revoke any enactment and subsection (2)(b) states that the order may also provide for any provision of this Act which comes into force before another provision has come into force to have effect until that other provision has come into force, with specified modifications. The power in subsection (2)(a) is subject to the affirmative procedure by virtue of section 36(3)(d).
151.Subsection (3) makes clear that the reference to an enactment in subsection (2) includes legislation which is passed or made before the end of the 2007/2008 parliamentary session.