National Consumer Credit Protection Act 2009

If a provision of this Code (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 another thing;

the power may be exercised; and

anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

If a provision of an Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Code so that it would confer a power:

to make an appointment; or

to make a statutory instrument of a legislative or administrative character; or

to do another thing;

the power may be exercised; and

anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

If:

this Code has commenced and 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 this Code so as to confer additional power to make a statutory instrument (the additional instrument‑making power);

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 (2).

If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of:

enabling the exercise of a power mentioned in the subsection; or

bringing an appointment, instrument or other thing made or done under such a power into effect;

on the making of the instrument; or

on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.

If:

an appointment is made under subsection (1) or (2); or

an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4);

on the commencement of the relevant empowering provision; or

on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.

Anything done under subsection (1) or (2) 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 (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.

In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.