Charities Bill [HL]

moved Amendment No. 31:"Page 9, line 8, at end insert—" ““(   )   Rules under subsection (2)(a) or (b) above may confer a discretion on— (a)   the Tribunal, (b)   a member of the Tribunal, or (c)   any other person.”” The noble Lord said: My Lords, noble Lords will be aware of the principle that delegated legislation, such as rules or regulations made by a Secretary of State under a power conferred by Parliament, may not, unless the primary legislation specifically allows it to do so, further delegate a discretion to any other persons. This amendment is to authorise the Lord Chancellor to sub-delegate in his rules regulating the exercise of appeal rights and his rules about practice and procedure in tribunal proceedings. That would, for example, allow the tribunal or its members discretion to adapt the prescribed procedures to the needs of parties in particular cases. It would also allow the rules to require the Attorney-General or the Charity Commission to take reasonable steps to notify a charity of the intention to refer to the tribunal a matter affecting the charity. Without the amendment, neither would be possible. I beg to move.