Commentary on Sections Overview Section 1028: Power to make consequential provision
3120.This section confers power on the Treasury to make consequential amendments, additional to those contained in Schedule 1 to this Act. It is new.
3121.The scope of the power is in substance the same as that in section 882 of ITTOIA.
3122.As with that power, it is intended that this power will not be exercised without the agreement of the Tax Law Rewrite project’s Consultative and Steering Committees.
3123.Subsection (2) provides that the power may not be used after 5 April 2010. There was no provision of this kind in section 882 of ITTOIA, but it is sensible to enable additional consequential amendments to be made in this way only over a limited period, and it would in any case become progressively more difficult to do so accurately as subsequent Finance Bills are enacted. The date of 5 April 2010 takes account of this while giving a reasonable amount of time for missed consequential amendments to come to light.
3124.Subsection (4) provides that the power may contain provision having retrospective effect, making explicit something which was implicit in relation to the power in section 882 of ITTOIA. As the power can be used only to make provision in consequence of this Act, any retrospective effect is limited to provision having effect from the date the Act comes into force.