Part 3: Special Administration Regime Section 38: Power to make further modifications of insolvency legislation
This section provides the Secretary of State with the power to apply enactments and modify make other alterations to existing insolvency legislation, including Part 3 of this Act. The power is designed to enable the Secretary of State to amend the detail of the regime if experience of its application highlights any difficulties or areas of concern or respond to changes in insolvency law, especially in relation to administration.
	Subsection (1) grants the Secretary of State a power to provide for insolvency legislation to apply and to make such modifications of insolvency legislation (including any applied by virtue of section 37(1)) as they consider appropriate in relation to any provision made by or under the sections in Part 3 of the Act.
	Subsection (2) provides that ‘insolvency legislation’ includes, the Insolvency Act 1986, and Chapter 3 of Part 3 of the Energy Act 2004, which are applied by section 33 of the Act, and any other provisions that relates to insolvency or makes provisions by reference to anything that may be done under the Insolvency Act 1986.
	Subsection (3) provides that the power conferred on the Secretary of State by subsection (1) includes the power to amend Part 3 of this Act.
	Subsections (4) and (5) provide that this power is exercised by statutory instrument which is subject to the affirmative resolution procedure.