Moved by
Baroness Scott of Bybrook
122: Clause 148, page 177, line 18, at end insert—
“(5A) The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
(a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (5), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
(5B) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.”
Member's explanatory statement
This amendment requires the Secretary of State to consult a Northern Ireland department before making EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department except in certain circumstances, and provides a definition of the relevant Northern Ireland department.
123: Clause 148, page 177, line 19, after “devolved” insert “legislative”
Member's explanatory statement
This amendment provides where a provision is “within Northern Ireland devolved legislative competence”.
124: Clause 148, page 177, line 26, leave out paragraphs (b) and (c)
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 148 at line 18 on page 177 in the Minister’s name.