Commentary on Sections Section 29: Power to modify Act
162.Section 29 provides that the Secretary of State may modify the Act by order to give effect to any amendments made to the Convention. Article 13 of the Convention provides for amendments to the Convention, and sets out the procedures whereby amendments may be made to the Convention.
163.The power is limited to implementing amendments to the Convention and is not intended to be used to make other changes to this Act.
164.Subsection (1) empowers the Secretary of State to make amendments to the Act by an order in the form of a statutory instrument to give effect to an amendment to the Convention.
165.Subsection (2) empowers the Secretary of State to include in any order made under subsection (1) consequential modifications, which are necessary or desirable, to any other enactment. Subsection (4) defines enactment and modification for the purposes of this section.
166.Subsection (3) provides for an order under subsection (1) to be subject to the affirmative resolution procedure which would require that a draft of the order be laid before and approved by each House.