Primary/secondary legislation

[Clive D. W. Feather]

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In article <42A8060E.8050803@ernest.net>, Nicholas Bohm 
<nbohm@ernest.net> writes
>> So now I am confused - could someone clarify the situation? Can secondary
>> legislation amend primary legislation?
>
>Only if the primary legislation under which the SI is made specifically
>authorises it to do so - this became popular (with politicians) in about
>the 1920s, and clauses doing it became known (pejoratively) as a Henry
>VIII clause (he could do anything).  Nowadays they are used sparingly.
>
>There are Henry VIII powers in the Electronic Communications Act 2000:

The biggest Henry VIII power of recent times is in the Regulatory Reform 
Act 2001, which allows an S.I. to amend or appeal *any* legislation more 
than 2 years old. Admittedly it's the affirmative rather than negative 
resolution procedure, but even so ....

For example, S.I.2005 No. 55 amends the Unsolicited Goods and Services 
Act 1971, and S.I.2004 No. 470 repeals s.26 of the Revenue Act 1889 
(which made it illegal to sell meths on Saturday night or a Sunday). 
Finally, S.I.2005 No. 871 repeals an entire Act (the Trading Stamps Act 
1964).

- -- 
Clive D.W. Feather                       | Home: <clive@davros.org>
Tel: +44 20 8495 6138 (work)             | Web:  <http://www.davros.org>
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