Conclusion 27

The power to make consequential provision created by clause 80(2) is broad and the scope of its potential application is far-reaching and largely unforeseeable because many of the provisions whichhttps://members.parliament.uk/member/2758/contact it supplements are themselves opaque. The power in clause 80(2) should not be exercisable by way of a subjective “appropriateness” test, but rather by an objective test such as necessity . In an area of law, notable for its obscurity, an “appropriateness” test sets the bar far too low. The test should apply regardless of whether the instrument in question is subject to negative or affirmative procedure.