Compensation Bill [HL]

I am grateful to the noble Lord for putting so well what I might be able to offer the Committee. However, I hope that that, combined with what I have said about our plans within regulations in Hansard, will be accepted as guarantees of the approach that we are taking. I will endeavour to give a full answer to the noble Lord in terms of a timetable. I am also grateful to him for recognising that in this case a draft would be very valuable for the Committee to see. On grants of authorisation, I have told the Committee previously that I intend to bring forward amendments to meet the concerns of the Delegated Powers and Regulatory Reform Committee. We will expand and define the minimum criteria that the regulator must apply when considering applications for authorisation and will make the provision of regulations about grants of authorisation a mandatory requirement, rather than a discretionary one, which—as Members of the Committee will know—it is at present. I hope that that will meet with the approval of the noble Lord, Lord Hunt. I am very pleased to accept Amendment No. 66. The Secretary of State has every intention of making regulations about the grant of authorisations and the functions of the regulator. A positive requirement for him to do so will send a clear signal that we are totally committed to action in this area. I cannot accept Amendment No. 67 for a very particular reason. It would make a requirement for regulations to be made about all the matters that are in the Schedule once the clause is brought into force. Members of the Committee will recall that the Schedule includes a number of alternatives. If we accept the amendment, we would have to make regulations against all of those alternatives, which would clearly be unnecessary. The alternatives are there because we are back to the issue about who would be the regulator. So I am not accepting it for that reason. It would be inappropriate to accept it, but I take the point behind it. I am also happy to accept Amendment No. 78 tabled by the noble Lord, Lord Hunt, which will impose a mandatory requirement on the Secretary of State to make regulations about the procedure for grant of authorisation. Amendment No. 79 introduces a mandatory requirement for the regulations to specify the criteria for authorisation. As I indicated a few moments ago, I shall bring forward amendments to clarify the minimum criteria for authorisation. I am very happy to consider the points raised by the noble Lord and will take account of them when formulating amendments on grants of authorisation. Amendment No. 80 seeks to replace another ‘may’ with ‘shall’. I am happy to consider this when I am formulating amendments for Report stage. These amendments will set out a more detailed list of criteria that will be the minimum that the regulator must take into account when considering applications for authorisation. I believe that this will meet the noble Lord’s concerns, but I will look at that. Amendment No. 88 proposes that there should be a requirement for the regulations to include certain fundamental elements. I am very happy to accept the amendment. The regulations made under the Schedule to the Bill will expand and clarify the framework under which the designated person will regulate the sector. I am also happy to accept Amendment Nos. 90 and 91. Of course, the regulations will include provisions about the preparation and publication of the rules and code of practice, and provisions about the failure of an authorised person to comply with both. I am happy to make that a requirement. On Amendment No. 97, which is the last in this group, we will make amendments to the paragraphs on complaints to meet the concerns of the Delegated Powers and Regulatory Reform Committee about appeals. Therefore, I would like to consider that and take account of the points that have been raised by the noble Lord when I prepare these amendments. On that basis, I do not think that the noble Lord will have to withdraw very much. On Question, amendment agreed to. [Amendments Nos. 67 and 67A not moved.] Clause 7, as amended, agreed to. Clause 8 agreed to. Clause 9 [Pretending to be authorised, &c.]: [Amendments Nos. 68 to 75 not moved.] Clause 9 agreed to. Clause 10 agreed to. Clause 11 [Orders and regulations]: