Moved by
Lord Kamall
231C: Clause 94, page 88, line 2, leave out subsection (1) and insert—
“(1) Before making regulations under section 89 or 90, the Secretary of State must—
(a) obtain the consent of the Scottish Ministers in relation to any provision—
(i) which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
(ii) which modifies the functions of the Scottish Ministers;
(b) obtain the consent of the Welsh Ministers in relation to any provision—
(i) which would be within the legislative competence of Senedd Cymru, if contained in an Act of the Senedd, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
(ii) which modifies the functions of the Welsh Ministers;
(c) obtain the consent of a Northern Ireland department in relation to any provision—
(i) which would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
(ii) which modifies the functions of a Northern Ireland department.”
Member’s explanatory statement
This amendment requires the Secretary of State to obtain consent of, rather than consulting with, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department (as appropriate) before making provision within devolved legislative or executive competence in regulations under Clause 89 or 90.
231D: Clause 94, page 88, line 26, leave out “Consultation is not required under subsection (1)(d)(i)” and insert “Consent is not required under subsection (1)(c)(i)”
Member’s explanatory statement
This amendment is consequential on the replacement of consultation obligations in Northern Ireland with consent obligations in relation to Northern Ireland.
231E: Clause 94, page 88, line 32, at end insert—
“(2A) Before making regulations under section 89 or 90, the Secretary of State must consult the following about a draft of the regulations—
(a) any body to which the regulations relate, and
(b) such other persons as the Secretary of State considers appropriate.”
Member’s explanatory statement
This amendment is consequential on the amendment inserting consent requirements into Clause 94. It moves to a different place the duty on the Secretary of State to consult bodies that are not subject to the consent requirements.
231F: Clause 94, page 88, line 33, leave out “subsection (1)” and insert “this section”
Member’s explanatory statement
This amendment is consequential on the other amendments which re-structure the consultation obligations in Clause 94.
231G: Clause 94, page 88, line 37, after “whether” insert “consent is obtained or”
Member’s explanatory statement
This amendment provides for consent (under the new requirements being inserted into Clause 94) to be capable of being provided before commencement of the Clause.