UK Parliament / Open data

Localism Bill

My noble friend said earlier that the Bill gives the Government power to alter the minimum numbers for a referendum by order, and helpfully he referred to Clause 209. It may be that I am totally misunderstanding it, but Clause 209(1) says: "““Any power of the Secretary of State … to make an order or regulations under this Act is exercisable by statutory instrument””." The next subsection is the one to which I think he was referring, which states: "““Any power of the Secretary of State … to make an order or regulations includes … power to make different provision for different cases, circumstances or areas””." I sense that my noble friend was rather relying on that for his proposition that the Secretary of State would be able to change the figures in the Bill by order. Nowhere in the Bill on the question of the minimum levels is there any power to make an order. It just does not apply. There are regulation powers towards the end of the part dealing with voting in and conduct of local referendums. Clearly, that would invoke Clause 209. Unless I have completely misunderstood, Clause 209 applies only where the Bill contains a power to make orders, unless in relation to these minimum figures it does not. It may be that my noble friend already has an answer. I went on long enough to ensure that perhaps he would. If I have misunderstood, I am happy to be corrected. I am not clear that my noble friend stated the provisions of the Bill properly. Perhaps he can reply before he finishes the point he was making.

About this proceeding contribution

Reference

728 c1747 

Session

2010-12

Chamber / Committee

House of Lords chamber

Legislation

Localism Bill 2010-12
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