Commentary on Sections Overview Section 105 Lapsing of powers in section 104
277.This section provides for the renewal every two years of the Secretary of State’s power under section 104(1) to authorise the issue of compulsory directions. The power will lapse unless it is either exercised or renewed.
278.Subsection (1) provides that the power to authorise the issue of compulsory directions ceases to have effect unless an order is made under section 104 before the end of the initial period.
279.Subsections (2), (3) and (4) define the initial period as two years beginning from the day on which the Act is passed and provide for it to be extended by order more than once, so long as the order extending the period is made within the two years. The extension may only be for two years at a time.
280.Subsection (5) requires that an order extending the initial period must be approved by affirmative resolution.