No. In other words, any secondary legislation amending legislation under those powers must be directly related to the implementation of provisions contained in the Bill itself. Each of the powers that I have referred to is expressed to include power to amend"““any enactment (whenever passed or made)””."
That wording makes it clear that each power can be used to make consequential and other amendments to enactments passed or made both before or after the Act that contains the power. However, it leaves open some ambiguity as to whether the powers can be used to make consequential and other amendments to the Act that contains the power itself—that is, the Bill we are considering—or to the amendments to other Acts, such as the Transport Act 2000, that the Bill will make. It is important for the Bill to be clear on that point, and the purpose of the amendments is simply to provide that clarity.
Amendment No. 155 also relates to a power in the Bill for the Secretary of State to make secondary legislation. Clause 86 allows the Secretary of State to make secondary legislation containing consequential, transitional or supplementary provisions. Those would support the changes to transport governance arrangements in individual areas of the country that he could make under clauses 78 to 84.
As I explained to hon. Members earlier, the Bill allows flexibility for different governance arrangements to be put in place in different areas, and for changes to be made to existing arrangements. Depending on what those changes are, it may also be necessary for the orders that give statutory effect to those revised arrangements to make incidental or consequential changes to other legislation. For example, and to help the House, if an ITA decides that it wants to make changes to the structure and functions of its executive body—its passenger transport executive—it will probably be necessary to make consequential changes to the Transport Act 1968, in which the structure and functions of PTEs are set out.
Local Transport Bill [Lords]
Proceeding contribution from
Paul Clark
(Labour)
in the House of Commons on Monday, 27 October 2008.
It occurred during Debate on bills on Local Transport Bill [Lords].
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481 c651-2 
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2007-08
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