Moved by
Lord Rosser
45: Clause 67, page 42, line 43, leave out subsection (6) and insert—
“(6) A statutory instrument containing (whether alone or with other provision)—
(a) regulations under section 4(2),
(b) regulations under section 5(2),
(c) regulations under section 7(4),
(d) regulations under section 7(6),
(e) regulations under section 9,
(f) regulations under section 12(7),
(g) regulations under section 18,
(h) regulations under section 22,
(i) regulations under section 34(5),
(j) regulations under section 35(3)(a),
(k) regulations under section 58,
(l) regulations under section 64, or
(m) regulations that create offences,
is subject to the super-affirmative resolution procedure.
(6A) For the purposes of this Act the “super-affirmative procedure” is as follows.
(6B) The Minister must lay before Parliament—
(a) a draft order; and
(b) an explanatory document.
(6C) The explanatory document must—
(a) introduce and give reasons for the order,
(b) explain under which power or powers in this Act the provision contained in the order is made, and
(c) give a detailed explanation of provisions included in the order.
(6D) The Minister must have regard to—
(a) any representations,
(b) any resolution of either House of Parliament, and
(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,
made during the 40-day period with regard to the draft order.
(6E) If, after the expiry of the 40-day period, the Minister wishes to make an order in the terms of the draft, he must lay before Parliament a statement—
(a) stating whether any representations were made under subsection (6D)(a); and
(b) if any representations were so made, giving details of them.
(6F) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.
(6G) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (6E) and before the draft order is approved by that House under subsection (6F), recommend under this subsection that no further proceedings be taken in relation to the draft order.
(6H) Where a recommendation is made by a committee of either House under subsection (6G) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (6F) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6I) If, after the expiry of the 40-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, he must lay before Parliament—
(a) a revised draft order; and
(b) a statement giving details of—
(i) any representations made under subsection (6D)(a); and
(ii) the revisions proposed.
(6J) The Minister may after laying a revised draft order and statement under subsection (6I) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.
(6K) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (6I) and before it is approved by that House under subsection (6J), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
(6L) Where a recommendation is made by a committee of either House under subsection (6K) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (6J) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6M) In this section the “40-day period” means the period of 40 days beginning with the day on which the draft order was laid before Parliament under subsection (6B).”