This is a single section from Chapter 15. Read the full chapter here.


If the commencement of legislation is to be delegated, the need for that delegation must be justified and there should generally be a backstop commencement date.


Commencement dates may be set by Orders in Council but only if flexibility is needed for good reason. Otherwise, delegation of commencement risks the will of Parliament being thwarted by an executive that no longer supports the policies of the Act or (on a more practical level) large amounts of latent legislation creating, over time, increased uncertainty and complexity. For this reason, if commencement is delegated, the Government should have a realistic timetable for bringing legislation into force and the Act should generally include a backstop date (by which it will commence if not brought into force by Order in Council before then).

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