Legislation Act 2019

Interpretation and application of legislation - General empowering provisions

40: Authority to make secondary legislation

You could also call this:

"Who can make new laws and when they can do it"

When you make secondary legislation, you do not have to mention the facts or circumstances that need to exist before it can be made. You can still make secondary legislation even if the main legislation does not specifically allow it, as long as another legislation says it is okay. If you want to compare this to an earlier law, you can look at the s 24 of 1999 No 85 to see how it was done before.

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41: Secondary legislation may make consequential amendments to other secondary legislation, or

"New laws can update other related laws to keep them working well together."

Part 2Interpretation and application of legislation
General empowering provisions

40Authority to make secondary legislation

  1. It is not necessary for secondary legislation to refer to facts, circumstances, or preconditions that must exist or be satisfied before the legislation can be made.

  2. Secondary legislation is not invalid just because the legislation under which it is expressed to have been made does not authorise its making as long as its making is authorised by other legislation.

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