Children and Young Persons Bill [HL]

moved Amendment No. 78: 78: Clause 18, page 15, line 26, at end insert— ““( ) Section 104(2) of the 1989 Act (orders and regulations under that Act subject to negative resolution procedure) does not apply to the first regulations made by each of the appropriate national authorities which contain provision made (whether alone or with other provision) under section 23C(5B)(b) of that Act and— (a) no such regulations may be made by the Secretary of State unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament; and (b) no such regulations may be made by the Welsh Ministers unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales.”” The noble Lord said: Regulations that will be laid under subsection (5B)(b) will define what ““higher education”” means for the purposes of this clause. They will therefore define in what circumstances a local authority will have to make the payment; that is, which courses of study will trigger a payment to a care leaver. Given that these regulations will effectively set the ambit of the delegated power by defining the total liability of local authorities in terms of these payments, the Delegated Powers and Regulatory Reform Committee recommended that regulations under this subsection should be subject to the affirmative resolution procedure on the first exercise of the power. Subsection (5B)(b) reflects an almost identical power in Section 28(1) of the Teaching and Higher Education Act 1998, which was subject to affirmative resolution. The Government are therefore happy to accept the recommendation of the Delegated Powers and Regulatory Reform Committee. I beg to move. On Question, amendment agreed to. Clause 18, as amended, agreed to. [Amendments Nos. 79 to 81 not moved.] Clause 19 [Assistance to pursue education or training]: [Amendment No. 82 not moved.] [Amendment No. 83 had been withdrawn from the Marshalled List.]