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INTERPRETATION OF LEGISLATION ACT 1984 - SECT 13 Exercise of powers between passing and commencement of Act

INTERPRETATION OF LEGISLATION ACT 1984 - SECT 13

Exercise of powers between passing and commencement of Act

    (1)     This section applies where an Act or a provision of an Act which does not come into operation immediately on the passing of the Act will, on its coming into operation, confer power or amend another Act so as to confer power under the other Act as so amended to—

        (a)     make 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 Act or provision or that other Act.

    (2)     Unless the contrary intention appears, the power may be exercised at any time after the passing of the Act but its exercise does not confer a right or impose an obligation on a person before the coming into operation of the Act or provision except insofar as is necessary or expedient for the purpose of—

        (a)     bringing the Act or provision into operation; or

        (b)     making the Act or provision or the other Act 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 Act 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 Act 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 Act or provision despite the exercise of any power under this section before that coming into operation.