Interpretation Act 2005 section 22

Powers under enactments

Section 22 clarifies how powers granted by legislation are to be understood and exercised, including their repeatability, their attachment to an office rather than an individual, and the ability to amend or replace statutory instruments.

• A power granted by legislation can be used repeatedly, whenever the need arises — it is not a one-off authority.
• Where legislation gives a power to the holder of a particular office, that power automatically passes to whoever holds that office at any given time.
• A power to make a statutory instrument (such as regulations or orders) automatically includes the power to repeal or amend that instrument, subject to the same procedural requirements and conditions.
• Where a statutory instrument is repealed, a replacement instrument may be made under the same power if required.