Moved by
Lord Wolfson of Tredegar
262: After Clause 170, insert the following new Clause—
“Expedited procedure for initial regulations about remote observation of proceedings
(1) This section applies in relation to the first regulations made under section 85A(8) of the Courts Act 2003 (as inserted by section 167(1)).
(2) The regulations may be made without a draft of the instrument containing them having been laid before and approved by a resolution of each House of Parliament (notwithstanding section 108(3) of the Courts Act 2003).
(3) If regulations are made in reliance on subsection (2), the statutory instrument containing them must be laid before Parliament after being made.
(4) Regulations contained in a statutory instrument laid before Parliament under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(5) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(6) If regulations cease to have effect as a result of subsection (4), that does not—
(a) affect the validity of anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.”
Member’s explanatory statement
This enables the first regulations made for the purposes of new section 85A of the Courts Act 2003 as inserted by Clause 167 (which, in particular, will specify types of court or tribunal proceedings in which remote observation directions will be available) to be made subject to the ‘made affirmative’ procedure rather than the normal affirmative procedure.