26Exercise of powers between making and commencement of subordinate instruments

26 Exercise of powers between making and commencement of subordinate instruments (1) This section applies where a subordinate instrument or a provision of a subordinate instrument which does not come into operation immediately on the making of the subordinate instrument will, on its coming into operation, confer power or amend another subordinate instrument so as to confer power under the other subordinate instrument as so amended to— (a) make other subordinate instruments or any other instruments of a legislative or administrative character; or (b) give notices; or (c) make appointments; or (d) establish a body; or (e) prescribe forms; or (f) do any other thing— for the purposes of that subordinate instrument or provision or that other subordinate instrument. (2) Unless the contrary intention appears, the power may be exercised at any time after the making of the subordinate instrument but its exercise does not confer a right or impose an obligation on a person before the coming into operation of the subordinate instrument or provision except insofar as is necessary or expedient for the purpose of— (a) bringing the subordinate instrument or provision into operation; or (b) making the subordinate instrument or provision or the other subordinate instrument as amended fully effective at or after that coming into operation. (3) Without limiting subsection (2), an appointee may exercise a power, and a body may meet and exercise a power, under that subsection before the coming into operation of the subordinate instrument or provision in the same manner and subject to the same conditions or limitations (if any) and with an entitlement to payment of the same remuneration or allowances (if any) as if the subordinate instrument or provision were in operation. (4) For the purposes of any provision as to the duration of the term of office of an appointee (including a member of a body), that term does not begin until the coming into operation of the subordinate instrument or provision despite the exercise of any power under this section before that coming into operation.