sec.17Exercise of powers between enactment and commencement

### sec.17 Exercise of powers between enactment and commencement If a provision of an Act (the empowering provision ) that does not commence on its enactment would, had it commenced— confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do any other thing; or amend a provision of another Act so that the other Act would confer such a power; then— the power may be exercised; and anything may be done for the purpose of— enabling the exercise of the power; or bringing the appointment, instrument or other thing into effect; before the empowering provision commences. If— an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) . If an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of— enabling the exercise of a power mentioned in subsection (1) (a) ; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or if the instrument or provision is expressed to take effect at a later time—the later time. If— an appointment is made under subsection (1) ; or an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ; the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or if the appointment, instrument or provision is expressed to take effect at a later time—the later time. Anything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. After the enactment of a provision mentioned in subsection (1) (b) but before the provision’s commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1) (b) as amended by the empowering provision. s 17 sub 1977 No. 37 s 3 ; 1991 No. 30 s 15 amd 1991 No. 97 s 3 sch 1 ; 1993 No. 32 s 3 sch 1 (sec.17-ssec.1) If a provision of an Act (the empowering provision ) that does not commence on its enactment would, had it commenced— confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do any other thing; or amend a provision of another Act so that the other Act would confer such a power; then— the power may be exercised; and anything may be done for the purpose of— enabling the exercise of the power; or bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (sec.17-ssec.2) If— an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) . (sec.17-ssec.3) If an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of— enabling the exercise of a power mentioned in subsection (1) (a) ; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or if the instrument or provision is expressed to take effect at a later time—the later time. (sec.17-ssec.4) If— an appointment is made under subsection (1) ; or an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ; the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or if the appointment, instrument or provision is expressed to take effect at a later time—the later time. (sec.17-ssec.5) Anything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (sec.17-ssec.6) After the enactment of a provision mentioned in subsection (1) (b) but before the provision’s commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1) (b) as amended by the empowering provision. - (a) confer a power— (i) to make an appointment; or (ii) to make a statutory instrument of a legislative or administrative character; or (iii) to do any other thing; or - (i) to make an appointment; or - (ii) to make a statutory instrument of a legislative or administrative character; or - (iii) to do any other thing; or - (b) amend a provision of another Act so that the other Act would confer such a power; - (i) to make an appointment; or - (ii) to make a statutory instrument of a legislative or administrative character; or - (iii) to do any other thing; or - (c) the power may be exercised; and - (d) anything may be done for the purpose of— (i) enabling the exercise of the power; or (ii) bringing the appointment, instrument or other thing into effect; - (i) enabling the exercise of the power; or - (ii) bringing the appointment, instrument or other thing into effect; - (i) enabling the exercise of the power; or - (ii) bringing the appointment, instrument or other thing into effect; - (a) an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and - (b) a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power ); - (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and - (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) . - (a) enabling the exercise of a power mentioned in subsection (1) (a) ; or - (b) bringing an appointment, instrument or other thing made or done under such a power into effect; - (c) on the making of the instrument; or - (d) if the instrument or provision is expressed to take effect at a later time—the later time. - (a) an appointment is made under subsection (1) ; or - (b) an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ; - (c) on the commencement of the relevant empowering provision; or - (d) if the appointment, instrument or provision is expressed to take effect at a later time—the later time.