moved Amendment No. 7:
7: After Clause 10, insert the following new Clause—
““Consequential amendments etc.
(1) Schedule (Consequential amendments) (consequential amendments) has effect.
(2) The Lord Chancellor may by order make such supplementary, incidental or consequential provision as the Lord Chancellor considers appropriate for the purposes of section (Protection against forced marriage: England and Wales) or in consequence of that section.
(3) The Department of Finance and Personnel may by order make such supplementary, incidental or consequential provision as the Department considers appropriate for the purposes of section (Protection against forced marriage: Northern Ireland) and Schedule (Protection against forced marriage: Northern Ireland) or in consequence of those provisions.
(4) An order under subsection (2)—
(a) may contain such transitional, transitory or saving provision as the Lord Chancellor considers appropriate; and
(b) is to be made by statutory instrument.
(5) An order under subsection (3)—
(a) may contain such transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate; and
(b) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(6) Any power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including any Act passed in the same Session as this Act).
(7) No order is to be made under this section—
(a) by the Lord Chancellor unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament;
(b) by the Department of Finance and Personnel unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(8) Subsection (7)(a) does not apply to an order which does not amend or repeal any provision of an Act and an order of the Lord Chancellor under this section which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Subsection (7)(b) does not apply to an order which does not amend or repeal any provision of an Act or Northern Ireland legislation and an order of the Department of Finance and Personnel under this section which does not amend or repeal any provision of an Act or Northern Ireland legislation is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
(10) In this section ““enactment”” includes Northern Ireland legislation.””
The noble Baroness said: I am very grateful to the Deputy Chairman who knows what is going on. As ever, he has expertise of a rare and wonderful sort. In speaking to Amendment No. 7, I shall speak also to Amendments Nos. 8 to 10 and 13. These amendments are simply mechanical changes necessary for the Bill to have effect. Amendment No. 7 inserts a new clause and introduces a new schedule. The new clause provides a power for the Lord Chancellor or, in Northern Ireland, the Department of Finance and Personnel to make any supplementary, incidental or consequential provisions which are necessary for the implementation and operation of the Bill.
This clause provides that any new provisions must be made by way of statutory instrument and where the provision amends or repeals primary legislation that provision must first be approved by both Houses using the affirmative resolution procedure. This will ensure that any significant changes receive adequate scrutiny in both Houses. Members of the Committee will know that the Delegated Powers Committee reported and said that these were proper uses of the powers.
Government Amendments Nos. 8, 9 and 10 replace existing Clause 11. They retain the Short Title set out in the original Bill. They also state that the provisions of the Bill will be brought into force by an order made by the Lord Chancellor or, in the case of Northern Ireland provisions, by the Department of Finance and Personnel. That order will be made by statutory instrument.
Amendment No. 13 inserts a new schedule, which contains minor consequential amendments for England and Wales, and Northern Ireland, necessary for the implementation of the Bill. These amendments also set out the extent of each of the provisions in the Bill. I beg to move.
Forced Marriage (Civil Protection) Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Thursday, 10 May 2007.
It occurred during Debate on bills
and
Committee proceeding on Forced Marriage (Civil Protection) Bill [HL].
About this proceeding contribution
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2006-07Chamber / Committee
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