The noble Baroness should not be concerned, if I may suggest, as I shall go on to try to explain, because I have a little bit more to set out for the Committee. The power does not allow the changing of the terms of devolution once given effect in law, nor does it allow any changes to what planning powers can be conferred on any area as part of such a deal.
Finally on the amendment, I reiterate that in relation to the planning powers of mayors, there is no intention to remove the powers of district councils through devolution deals. I therefore hope I have persuaded the noble Lord that, as expressed, the amendment is not necessary.
9.45 pm
I turn to the issues raised by the noble Lord, Lord Carrington, relating to this clause. Noble Lords will know that there are now more than 50 Acts which deal with planning or compulsory purchase. That figure does not include innumerable other Acts which cross-reference those 50 Acts. This makes it almost impossible to fully understand these systems. As with
any opaque system, trust is undermined and the potential for dispute increased. In practice, this causes barriers both to participation in and decisions regarding planning and compulsory purchase, all of which makes these systems harder for the public, authorities and all but the best-resourced developers to navigate.
As we have been discussing in relation to much of the rest of this part, the Government want to give more clarity to participants in the planning system. As I have said, these amendments start addressing the legislative barriers to this by providing powers to make technical changes to prepare for future consolidation. Any changes made under these powers can come into effect only where there is a subsequent consolidation Act, and the use of these powers would be subject to the affirmative procedure before your Lordships’ House and the other place. I hope I can reassure noble Lords that this is not an attempt to circumvent the proper scrutiny of this highly complex exercise. I repeat: these powers are to support consolidation, which does not extend to changing the policy effect of legislation. Noble Lords can be reassured that the regulations cannot come into effect without a connected consolidation Bill being enacted.