Moved by
Lord Gardiner of Kimble
87: Clause 37, page 22, line 24, at end insert—
“(1A) In this Act “the appropriate national authority” means—
(a) the Secretary of State, for regulations that do not apply in relation to Wales, Scotland or Northern Ireland;
(b) the Welsh Ministers, for regulations that apply only in relation to Wales;
(c) the Scottish Ministers, for regulations that apply only in relation to Scotland;
(d) the Northern Ireland department, for regulations that apply only in relation to Northern Ireland.
(1B) But in the case of regulations that apply in relation to England and any other part of the United Kingdom, or in relation to any other part of the United Kingdom and not England, the appropriate authority is the Secretary of State if each necessary consent is given.
The “necessary consent” is—
(a) the consent of the Welsh Ministers if the regulations apply in relation to Wales;
(b) the consent of the Scottish Ministers if the regulations apply in relation to Scotland;
(c) the consent of the Northern Ireland department if the regulations apply in relation to Northern Ireland.
(1C) The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the Northern Ireland department before making regulations prescribing a fee under section 3(1)(h), 4(7)(b), 5(4) or 10(1)(g).”
Member’s explanatory statement
The inserted subsections (1A) and (1B), read with the amendments substituting references to “the appropriate national authority”, require most regulations under the Bill applying outside England to be made either by the relevant devolved authorities or with their consent. Under the inserted subsection (1C) the Secretary of State must consult those authorities before setting fees by regulations.
88: Clause 37, page 22, line 25, leave out subsection (2) and insert—
“( ) A power to make regulations under this Act—
(a) is exercisable by statutory instrument, in the case of regulations made by the Secretary of State or the Welsh Ministers;
(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), in the case of regulations made by the Northern Ireland department.”
Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority. (The amendment does not mention regulations made by the Scottish Ministers because the relevant provision is made by section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.)
89: Clause 37, page 22, line 26, after “regulations” insert “made by the Secretary of State”
Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority.
90: Clause 37, page 22, line 28, at end insert—
“( ) A statutory instrument containing regulations made by the Welsh Ministers under this Act, other than regulations under section 35(2), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
( ) Regulations made by the Scottish Ministers under this Act, other than regulations under section 35(2), are subject to the negative procedure.
( ) Regulations made by the Northern Ireland department under this Act, other than regulations under section 35(2), are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.”
Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority.(For the meaning of “subject to the negative procedure” see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.)
91: Clause 37, page 22, line 29, leave out subsection (4)
Member’s explanatory statement
This amendment is consequential on the Minister’s amendments to clause 2 at page 2, line 18 (first amendment); to clause 3 at page 2, line 39; to clause 4 at page 4, lines 21 and 28; to clause 10 at page 6, line 37; and to clause 11 at page 7, line 32.