Crossrail Bill

moved Amendment No. 2: 2: Clause 20, page 14, line 17, at end insert— ““(5) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”” The noble Lord said: Rarely can we have been so contented for so long. It felt like I was back in church and we were doing salutations. Amendments Nos. 2, 35 and 37 give effect to the recommendations of the Delegated Powers and Regulatory Reform Committee. We are very grateful to that committee for its consideration of the delegated powers contained in the Bill and for its report on 31 January this year. It made three recommendations in respect of the powers of the Secretary of State to make secondary legislation under the Bill. The first related to Clause 60(1), which in turn relates to the power of the Secretary of State to devolve functions to London government. As the committee noted, Clause 60(1) confers what is in effect a Henry VIII power to modify references in the Act to the Secretary of State to references to the Greater London Authority, Transport for London or both, and to make consequential provision, which may include modifying the then Act. The second and third recommendations related to secondary legislation which makes provision about arbitration. Clause 20 modifies the operation of Sections 60 and 61 of the Control of Pollution Act 1974, so that appeals relating to noise emanating from construction sites are determined by the Secretary of State or, if the parties agree, by arbitration rather than by a magistrates’ court. Clause 20(4) enables the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs, acting jointly, to make regulations about procedure in relation to such arbitrations. Of course, regulations would be made by a statutory instrument not currently subject to a scrutiny process. Clause 63 makes provision for the arbitration of disputes under the then Act, unless otherwise provided for such as in the example that I have just referred to. Subsection (5) enables the Secretary of State for Communities and Local Government and the Secretary of State for Transport, acting jointly, to make rules about the arbitration process. Those rules will be made by a statutory instrument, which is not currently subject to a parliamentary procedure in accordance with the Bill. The committee recommended that, since one or other of the Secretaries of State might be a party to an arbitration arising from the Bill, arbitration rules made under Clauses 20 or 63 should be subject to the negative resolution parliamentary procedure. Having carefully considered the report, I agree with what the committee proposed in each case. For those reasons, I beg to move. On Question, amendment agreed to. Clause 20, as amended, agreed to. Clause 21 agreed to.