Moved by
Lord Grimstone of Boscobel
19: Clause 27, page 15, line 39, at end insert—
“(1A) Regulations under this section may—
(a) be made so as to apply in relation to—
(i) English business tenancies,
(ii) Welsh business tenancies, or
(iii) English business tenancies and Welsh business tenancies;
(b) exclude the provisions mentioned in subsection (7B)(a) to (c) from the provisions being re-applied in relation to Welsh business tenancies.”
Member’s explanatory statement
The amendment would enable regulations under Clause 27 to be made just for English business tenancies or just for Welsh business tenancies (as well as for both) and also to exclude (in the case of Welsh business tenancies) provisions of the Act which deal with devolved matters in Wales.
20: Clause 27, page 16, leave out lines 15 and 16 and insert—
“(7) Regulations under this section may—”
Member’s explanatory statement
The amendment would omit the current specific power to exclude any of the provisions of the Act from applying again by virtue of regulations under Clause 27.
21: Clause 27, page 16, line 17, after “such” insert “necessary”
Member’s explanatory statement
The amendment would limit the power to modify the provisions of the Bill being re-applied to modifications necessary for the re-applied provisions of the Act to work in the circumstances in which the power is being used.
22: Clause 27, page 16, line 19, leave out from “provision” to first “for” in line 20
Member’s explanatory statement
The amendment would limit subsection (7)(c) to making different provision for England and for Wales.
23: Clause 27, page 16, line 23, at end insert—
“(7A) For the purposes of subsection (7)(b)—
(a) “modifications” means omissions, additions or variations, and
(b) modifications are “necessary” if they appear to the Secretary of State to be necessary for the provisions being re-applied to operate correctly in relation to business tenancies adversely affected by the closure requirements in question.
(7B) The power under this section is exercisable only with the consent of the Welsh Ministers so far as it relates to the re-application, in relation to Welsh business tenancies, of—
(a) Schedule 2 apart from paragraph 3(6) and (7),
(b) section 23 so far as relating to Schedule 2 apart from paragraph 3(6) and (7), and
(c) Part 1 and this Part, so far as relating to the provision mentioned in paragraphs (a) and (b).”
Member’s explanatory statement
The amendment would require the consent of the Welsh Ministers to regulations re-applying the moratorium provisions of Part 3, with the exception of paragraph 3(6) and (7) of Schedule 2 (the subject-matter of which is reserved under Welsh devolution legislation).
24: Clause 27, page 16, line 24, leave out “The regulations” and insert “Regulations under this section”
Member’s explanatory statement
This is a drafting amendment that would secure consistency of expression in Clause 27.