Commentary on Sections: Part 9 Section 109: Minor and consequential amendments, repeals etc.
378.Section 109 introduces Schedule containing transitional provisions and savings, consequential amendments and repeals. Subsection (3) allows the Lord Chancellor to make an order for supplementary, consequential and transitional provisions, while subsection (4) makes it clear that such an order can, if necessary, amend or repeal other enactments
379.Schedule 8 contains minor and consequential amendments arising from, among other things, provisions in this Act removing magistrates’ courts committees, the post of JCE, commission areas and petty sessions areas. Schedule 9 contains transitional and savings provisions in consequence of the Act. Schedule 10 contains repeals.
380.Given the scale of these consequential amendments, the power to make consequential amendments by order is necessary both because further statutory references in need of amendment may come to light and because Acts passed in the same Parliamentary Session as this Act contain references to, for example, petty sessions areas could be enacted or implemented before provisions in the Courts Act, requiring consequential amendment.