Commons Bill [HL]

moved Amendment No. 41:"Page 20, line 19, at end insert—" ““(4)   A direction under subsection (3) must set out the reason why the rule is being revoked. (5)   Before revoking any rule under subsection (3) the appropriate national authority must consult— (a)   the commons association; and (b)   any other person it thinks appropriate.”” The noble Baroness said: My Lords, to address concerns expressed by Peers in Grand Committee, we have reconsidered Clause 35. Amendment No. 41 does two things. First, it ensures that where the national authority gives a direction revoking a rule made by an association, the direction must set out the reason why the rule is being revoked. Secondly, it requires the commons association to be consulted before any rule is revoked and allows the national authority to consult other persons as it sees fit. We agree that the national authority, having granted rule-making functions to an association, should be a little more circumspect before revoking such rules. We accept that local circumstances and the views of the commons association need to be taken into account, and our amendment achieves that. Government Amendments Nos. 42, 43 and 44 are in response to concerns expressed by Peers in Grand Committee that subsection (4) appeared to allow the national authority to amend or repeal any enactment, rather than those listed in subsection (2). We have reflected further on this issue and have decided to remove subsection (4) for the avoidance of any doubt. Amendments Nos. 43 and 44 make clear that the power in this clause may be exercised only as part and parcel of an establishment order that ensures that the consultation process and the requirement for substantial support from key interests will automatically apply to any changes made under Clause 36. We think that the amended clause meets the concerns expressed in Grand Committee and provides an appropriate mechanism for ensuring that adjustments can be made as necessary to existing arrangements to allow new associations to operate effectively. I beg to move.