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John Healey (Minister of State (Local Government), Department for Communities and Local Government; Wentworth, Labour)

The clause applies to all the secondary legislation-making powers in the Bill. We have spelt this out because, as it is a revenue-raising Bill, it is important that there are no gaps in the BRS system. The power in the clause is important to our ability to achieve that.

The powers are all exercisable by making regulations, apart from the power to make a commencement order under clause 32. In particular, clause 29(3) provides standard scope and flexibility for that provision to be made

“generally or only for specific cases”,

and for

“different provision for different cases or areas”

to be made. In addition, the subsection provides for secondary legislation to

“make incidental, supplementary, consequential, transitional, transitory or savings provision.”

I said earlier that these are standard provisions. I questioned officials on whether “transitory” was a standard component of such clauses and was told, “It comes and goes.” That reflects the fact that we may make regulations under the special introductory provision that we have just discussed, which is available for a limited period.

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