Regulatory Enforcement and Sanctions Bill [HL]

moved Amendment No. 163: 163: Clause 60, page 26, line 38, at end insert— ““( ) Where a statutory instrument containing provision made under the power referred to in subsection (1) pursuant to subsection (2) would, apart from this subsection, be subject to annulment in pursuance of a resolution of either House of Parliament or of the National Assembly for Wales— (a) the instrument is not subject to such annulment; but (b) the instrument may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament or (as the case may be) the National Assembly for Wales.”” The noble Baroness said: In its report on the Bill, the Delegated Powers and Regulatory Reform Committee recommended that the affirmative resolution procedure should apply to all orders that make provision under Clause 60. Clause 60 extends any power that a Minister has to create criminal offences in secondary legislation to include the power to create alternative civil sanctions. Under the Bill as drafted, this secondary legislation could be subject to the negative resolution procedure, unlike orders under Part 3. The committee considered that the affirmative resolution procedure should apply to all orders under Clause 60 and we are very happy to accept that recommendation. Amendment No. 163 gives effect to this by applying the affirmative resolution procedure to orders where the negative resolution procedure currently applies. I beg to move. On Question, amendment agreed to. Clause 60, as amended, agreed to. Schedule 7 agreed to. Clause 61 [Guidance as to use of civil sanctions]: