Local Democracy, Economic Development and Construction Bill [HL]

On Clause 18 stand part, when I wrote to the Minister on 15 January—I was surprised but pleased to receive written answers to all the points I had raised when I was simply warning of what I might mention at this stage—I, too, used the term ““confusing”” about Clause 18. I said that allowing for non-statutory provisions but spelling out in primary legislation what they ““may in particular include”” was certainly confusing to me. I do not understand where in the hierarchy of legislative requirement—going down from primary legislation, through secondary legislation, statutory guidance, non-statutory guidance and so on—this might lie. I understand the response that what is dealt with here is in addition to the statutory provisions and requirements that are in the earlier clauses—that is implicit, but you have to think about that. It must be the case but, as my noble friend said, a fairly technical approach is required to reach that conclusion. I was concerned, too, about the words ““may in particular””. It is terminology to which we have become accustomed in legislation—it normally means ““shall””, but perhaps that is another spectrum. The answer to this was that they are practical points which might come to light when a scheme gets under way—indeed they are—and which are worth highlighting to local authorities for possible inclusion. Perhaps they are but, if so, their place is in guidance and not on the face of the Bill.