Moved by
Baroness Scott of Bybrook
129: Clause 153, page 180, line 2, leave out “or existing environmental assessment legislation” and insert “other than under regulations made by a devolved authority acting alone”
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 153 at line 4 on page 180 in the Minister’s name.
130: Clause 153, page 180, line 4, at end insert—
“(1A) A public authority carrying out a function under regulations made under this Part by the Secretary of State acting jointly with one or more devolved authorities must have regard to any guidance issued by the Secretary of State or any of those devolved authorities in relation to the function.
(1B) Before issuing guidance under subsection (1A)—
(a) the Secretary of State must—
(i) consult the Scottish Ministers so far as the guidance relates to a matter provision about which would be within Scottish devolved competence by virtue of section 148(2)(a);
(ii) obtain the consent of the Welsh Ministers so far as the guidance relates to a matter provision about which would be within Welsh devolved legislative competence (see section 148(4));
(iii) obtain the consent of the relevant Northern Ireland department so far as the guidance relates to a matter provision about which would be within Northern Ireland devolved legislative competence (see section 148(6));
(b) the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved competence by virtue of section 148(2)(a);
(c) the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 148(4));
(d) a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 148(6)).
(1C) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the material which is to be contained in the guidance concerned.
(1D) A public authority carrying out a function under regulations made under this Part by a devolved authority acting alone must have regard to any guidance issued by the devolved authority in relation to the function.
(1E) A public authority carrying out a function under existing environmental assessment legislation listed in Part 1 of Schedule (Existing environmental assessment legislation) must have regard to any guidance issued by the Secretary of State in relation to the function.
(1F) A public authority carrying out a function under existing environmental assessment legislation listed in Part 2 of Schedule (Existing environmental assessment legislation) must have regard to any guidance issued by the Scottish Ministers in relation to the function.
(1G) A public authority carrying out a function under existing environmental assessment legislation listed in Part 3 of Schedule (Existing environmental assessment legislation) must have regard to any guidance issued by the Welsh Ministers in relation to the function.
(1H) A public authority carrying out a function under existing environmental assessment legislation listed in Part 4 of Schedule (Existing environmental assessment legislation) must have regard to any guidance issued by a Northern Ireland department in relation to the function.”
Member's explanatory statement
This amendment makes provision about devolved authorities issuing guidance to public authorities about functions under regulations under this Part or under certain devolved existing environmental assessment legislation in certain circumstances and requires public authorities to have regard to such guidance.
131: Clause 153, page 180, line 6, leave out “the Secretary of State” and insert “an appropriate authority”
Member's explanatory statement
This amendment is consequential on the amendment to Clause 153 at line 4 on page 180 in the Minister’s name.