Section 46 Sentencing Act 2026

Section 46 of the Sentencing Act 2026 is about Power to make consequential provision. It provides as follows:

(1)The Secretary of State may by regulations make provision that is consequential on this Act.

(2)Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.

(3)In subsection (2) “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(c)an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

(d)an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4)The power to make regulations under subsection (1) includes power to make—

(a)supplementary, incidental, transitional or saving provision;

(b)different provision for different purposes or areas.

(5)Regulations under subsection (1) are to be made by statutory instrument.

(6)A statutory instrument containing (whether alone or with other provision) regulations under subsection (1) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7)Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section “primary legislation” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)a Measure or Act of Senedd Cymru, or

(d)Northern Ireland legislation.

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Source: legislation.gov.uk
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