moved Amendment No. 177P:
177P: Clause 196, page 141, line 12, at end insert—
““(2A) Subject to subsection (2B), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(2B) Subsection (2A) does not apply to—
(a) a statutory instrument containing an order under section 201,
(b) a statutory instrument containing an order under paragraph 26(5) of Schedule 1,
(c) a statutory instrument containing an Order in Council under paragraph 9 of Schedule 27, or
(d) a statutory instrument to which subsection (3) applies.””
The noble Lord said: This government amendment and the ones that go with it are minor technical amendments. The Bill as it stands does not make provision for a single statutory instrument to be made combining provisions that attract the negative procedure and provisions that attract the affirmative procedure. These amendments make provision for a single statutory instrument to be made combining provisions attracting the negative procedure and provisions attracting the affirmative procedure. The amendments make it clear that such a combined statutory instrument would require the affirmative procedure. I understand that this type of provision is not unusual.
I give an example from this large Bill. The provisions on violent offender orders that the Committee debated contain order-making powers, some of which require a negative resolution under Clause 150 and some of which require an affirmative resolution, for example under Clauses 157 to 160. It is conceivable that we might bring forward a single order relating to violent offender orders. Under these amendments, that entire order would be considered through the affirmative principle. I beg to move.
On Question, amendment agreed to.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Wednesday, 12 March 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Justice and Immigration Bill.
Type
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Reference
699 c1552-3 
Session
2007-08
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