UK Parliament / Open data

Merchant Shipping Pollution Bill [HL]

moved Amendment No. 4: "Page 2, line 6, leave out ““confer power to make subordinate legislation or”” and insert ““authorise the Secretary of State to make an order by statutory instrument;" (ba)””    The noble Baroness said: Clause 1 enables Her Majesty, by Order in Council, to give effect to certain instruments relating to compensation for oil pollution by ships. Clause 1 sets out the provisions which may be included in such an Order in Council and the parliamentary procedure which will apply. Following a recommendation by the Delegated Powers and Regulatory Reform Committee, to which I have referred, we have concluded that the power in subsection (4)(b) should be amended so that any subordinate legislation made under that subsection should be by statutory instrument and that this should be subject to negative resolution procedure. We have also considered that the Bill should be clarified where an Order in Council relates to British possessions. Amendment No. 5 therefore provides that the negative procedure referred to at Section 7 of the Bill does not apply to an Order in Council relating only to British possessions. In accordance with the usual practice employed under the Merchant Shipping Act 1995 for the extension of international conventions to British possessions, the Orders in Council made under the Bill extending to British possessions will not be subject to any parliamentary procedure. They will be subject to the procedure of their own parliament or legislature. I beg to move. On Question, amendment agreed to.

About this proceeding contribution

Reference

673 c130-1GC 

Session

2005-06

Chamber / Committee

House of Lords Grand Committee
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