Climate Change Bill [HL]

moved Amendment No. 168E: 168E: Schedule 3, page 51, line 26, leave out from beginning to end of line 41 on page 52 The noble Duke said: This is a probing amendment. The first part of my questioning involves interpreting the phrase in the final line of paragraph 13(1) of Schedule 3: "““Her Majesty may by Order in Council revoke it””." Is this simply standard phraseology when applied to Orders in Council that should be taken to mean that the order will revoke it in all circumstances, or might there be circumstances in which the annulment is refused? If the latter is the case, will the Minister give examples of occasions on which the Prayer for annulment will or might be turned down? The second part of my question is harder to explain, so I hope that the indulgence of the Committee will allow me to try. Part 2 of Schedule 3 covers regulations made by any two Administrations, excluding Scotland. It is clear that the regulations are to be made by each authority involved and that either legislature may then pray for an annulment. Part 3 of Schedule 3 is differently worded, as its paragraphs 9 and 10 do not refer to the Secretary of State, although paragraph 9(3) specifies ““a national authority””. Paragraph 11 covers the case of a draft order made by the Secretary of State and approved by Parliament. Paragraph 12 then refers to annulment, but in a different fashion from the reference in paragraph 8. My doubt is whether paragraph 12, as worded, actually covers that peculiarity allowed under paragraph 9(2)(b); namely, an order that contains provision outside the, "““competence of the Scottish Parliament””," but extends only to Scotland. In such circumstances, would the competence automatically belong to the United Kingdom Parliament, and would there conceivably ever be any need for that Parliament to wish to stop an order that affected only Scotland? If that were to be the case, would part 3 of Schedule 3 allow an order raised in and affecting only Scotland, but containing provision outside the Scottish parliamentary competence, to be annulled at the behest of the UK Parliament? I beg to move.