11
Construction of subordinate legislation.
Where an Act confers power to make subordinate legislation, expressions used in that
legislation have, unless the contrary intention appears, the meaning which they bear
in the Act.
Annotations:
Modifications etc. (not altering text)
C11 S. 11 applied (1.1.1995) by S.I. 1994/3144, reg. 1(6)
C12 S. 11 excluded (E.W.) (1.9.1997) by S.I. 1997/1972, reg. 2(3)
C13 S. 11 applied (30.10.2005) by The Medicines (Traditional Herbal Medicinal Products for Human Use)
Regulations 2005 (S.I. 2005/2750), regs. 1, 2(3) (with transitional provisions in reg. 12, Sch. 6)
C14 S. 11 excluded (S.) (1.8.2007) by The Education (Fees and Awards) (Scotland) Regulations 2007
(S.S.I. 2007/152), reg. 2(2)
C15 S. 11 excluded (W.) (31.8.2007) by The Education (Fees and Awards) (Wales) Regulations 2007 (S.I.
2007/2310), reg. 2(2)
Statutory powers and duties
12
Continuity of powers and duties.
(1) Where an Act confers a power or imposes a duty it is implied, unless the contrary
intention appears, that the power may be exercised, or the duty is to be performed,
from time to time as occasion requires.
(2) Where an Act confers a power or imposes a duty on the holder of an office as such, it
is implied, unless the contrary intention appears, that the power may be exercised, or
the duty is to be performed, by the holder for the time being of the office.
13
Anticipatory exercise of powers.
Where an Act which (or any provision of which) does not come into force immediately
on its passing confers power to make subordinate legislation, or to make appointments,
give notices, prescribe forms or do any other thing for the purposes of the Act, then,
unless the contrary intention appears, the power may be exercised, and any instrument
made thereunder may be made so as to come into force, at any time after the passing
of the Act so far as may be necessary or expedient for the purpose—
(a) of bringing the Act or any provision of the Act into force; or
(b) of giving full effect to the Act or any such provision at or after the time when
it comes into force.
14
Implied power to amend.
Where an Act confers power to make—
(a) rules, regulations or byelaws; or
(b) Orders in Council, orders or other subordinate legislation to be made by
statutory instrument,
it implies, unless the contrary intention appears, a power, exercisable in the same
manner and subject to the same conditions or limitations, to revoke, amend or re-enact
any instrument made under the power.