Henry VIII clause

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English

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Example (Sample Henry VIII clause that allows amendment of the legislation itself)

Minister may amend Schedule

The Minister may by notice published in the Gazette amend the Schedule.

Example (Henry VIII clause that allows amendment of other legislation)

Power to make consequential amendments

(1) The Secretary of State may by regulations make provision that is consequential on any provision of this Act.

(2) The provision that may be made by regulations under subsection (1) includes provision amending primary legislation.

(National Security Act 2023, s. 95)

Etymology

Named after English king Henry VIII, who passed the Statute of Proclamations in 1539 that empowered him to legislate by proclamation.

Noun

Henry VIII clause (plural Henry VIII clauses)

  1. (Australia, India, New Zealand, UK) A provision in a bill before Parliament, that if enacted as an Act, would enable the Government to amend (including repeal) the Act or other primary legislation by secondary legislation.

References

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