Clause 47 - Power to make consequential provision

Part of Tobacco and Vapes Bill – in a Public Bill Committee at 9:45 am on 14 May 2024.

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Photo of Andrea Leadsom Andrea Leadsom The Parliamentary Under-Secretary for Health and Social Care 9:45, 14 May 2024

The clause confers a power on Scottish Ministers to make provision that is consequential on part 2 of the Bill. Regulations may amend, repeal or revoke any legislation passed before the Bill or later in the same Session of Parliament as the Bill, as well as any Act of the Scottish Parliament passed before the Bill. Regulations may amend primary legislation as well as secondary legislation.

Although every effort has been made to identify and make provision for any required amendments to primary legislation, the Bill brings together legislation that has been made over the last century, so there is a small likelihood that further consequential amendments may be required to enable the Bill to function effectively. It is therefore appropriate that Scottish Ministers have the power to make such changes to devolved legislation via secondary legislation. Any regulations amending primary legislation will be subject to the affirmative procedure. I therefore commend the clause to the Committee.