The Act Commentary on Sections Part 6 - Legal aid and other payments for legal services Section 153:  Statutory instruments relating to the Legal Services Commission
698.Part 1 of the Access to Justice Act 1999 contains a number of powers for the Lord Chancellor to make orders or regulations in respect of the services provided by the LSC as part of the CLS or CDS. However, that Act does not currently contain a general power, which is commonly found in primary legislation, for such secondary legislation to include consequential, incidental, supplementary, transitional, transitory or saving provision.
699.Subsection (3) inserts a new subsection (8A) into section 25 of the Access to Justice Act 1999 so that secondary legislation made by the Lord Chancellor (whether in relation to the CLS or the CDS) may include consequential, incidental, supplementary, transitional, transitory and saving provisions.
700.Subsection (2) is a consequential amendment to section 2 of the Access to Justice Act 1999 (power to replace LSC with two bodies). Section 2(2) of that Act is no longer needed as the effect of that subsection is replicated by new subsection 25(8A).