Power to make consequential orders TOLATA 1996 s. 26
The Lord Chancellor can make statutory instruments to amend older acts or make transitional rules for TOLATA 1996, subject to Parliamentary annulment.
The Lord Chancellor may by order made by statutory instrument make any such supplementary, transitional or incidental provision as appears to him to be appropriate for any of the purposes of this Act or in consequence of any of the provisions of this Act. An order under subsection (1) may, in particular, include provision modifying any enactment contained in a public general or local Act which is passed before, or in the same Session as, this Act. A statutory instrument made in the exercise of the power conferred by this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 26 grants the Lord Chancellor ministerial power to create secondary legislation, known as statutory instruments. These orders allow for supplementary, transitional, or incidental rules needed to implement the primary Act or respond to its provisions.
This power includes changing existing statutory text. The Lord Chancellor may modify public general Acts or local Acts enacted prior to or within the same Parliamentary session as the 1996 Act.
To maintain parliamentary oversight, any statutory instrument issued under subsection 1 remains subject to negative resolution procedures. This means either House of Parliament may pass a resolution to annul the order.
When it applies
- Updating references in older property statutes to ensure consistency with changes made in 1996.
- Issuing transitional orders to manage land trust arrangements existing prior to the statutory changes.
- Making incidental legal adjustments via statutory instrument to resolve technical conflicts with local Acts.
What this section does not say
- Resolving co-ownership disputes between joint property owners.
- Altering the statutory general powers held by land trustees.
- Determining whether a beneficiary has a legal right to occupy trust property.
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This page reproduces the text of TOLATA 1996 s. 26 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.