(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" );
(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) .
(3) If an instrument, or a
provision of an instrument, is made under subsection (1) that is necessary for
the purpose of—
(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;
the instrument or provision takes
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.
(4)
If—
(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) ;
the appointment, instrument or
provision takes effect—
(d) if the appointment, instrument or provision is
expressed to take effect at a later time—the later time.
(5) Anything done
under subsection (1) does not confer a right, or impose a liability, on a
person before the relevant empowering provision commences.
(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.