Part 5 – General
Section 123 – Power to make consequential provision
742.This section provides power for the Secretary of State by order to make provision in consequence of the Act; in particular, an order may amend, repeal, revoke or modify the application of an enactment.
743.This power, in particular, will be used to make provision in respect of the repeal of the statutory provisions currently underpinning adult social care in England, and any necessary consequential amendments arising from such repeal.
744.This approach, making provision by order rather than on the face of the Act, is required to ensure consistency with similar repeal and consequential provision to be made, by order, under the Social Services and Well-being (Wales) Act (“the Welsh Act”). The Welsh Act received Royal Assent on 1 May 2014. The Welsh Act deals with the reform of adult social care in Wales, and therefore envisages repeal, in respect of Wales, of the same statutory provisions as will need to be repealed in respect of England. Such repeals, in respect of both territories, will be effected by a sequence of orders providing for, first, disapplication and then repeal (and in both cases for any necessary consequential amendments). The sequence would depend on which Act comes into force first. The repeals would be subject to savings in respect of the existing rights of those under the age of 18 and also in respect of any provisions that also extend to Scotland.
Section 124 – Power to make transitional etc. provision
745.This section provides power for the Secretary of State by order to make transitional provision in connection with commencement of the Act.
Section 125 – Regulations and orders
746.This section makes general provision about the powers to make regulations, and orders under the Act and for the Parliamentary procedures that apply in relation to such instruments. Subsection (4) lists the secondary legislation which is subject to the affirmative resolution procedure.
Section 126 – General interpretation
747.This section provides definitions for the purposes of the Act.
Section 127 – Commencement
748.Subsection (1) of this section provides that the provisions of Part 1 to 4 of the Act come into force on the day or days specified by the Secretary of State in an order, and different days may be specified for different purposes, including different geographical areas (subsection (5)). The provisions of Part 5 of the Act come into force on Royal Assent.
Section 128 – Extent and application
749.This section sets out the Act’s extent, a full description of which is in the “Territorial extent and application” section of this document.
Section 129 – Short title
750.This section provides the Act’s short title.