With this it will be convenient to discuss the following:
New clause 2—Authority by whom regulations may be made (No. 2)—
“(1) In this Act ‘appropriate national authority’ means as follows.
(2) Where the regulations—
(a) contain provision relating to England only,
(b) apply to the United Kingdom as a whole, or
(c) contain provision which is not within the legislative competence of Senedd Cymru, the Scottish Parliament or the Northern Ireland Assembly,
the Secretary of State or the Lord Chancellor is the appropriate national authority.
(3) The Welsh Ministers are the appropriate national authority in relation to regulations under this Act which contain only provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown).
(4) The Scottish Ministers are the appropriate national authority in relation to regulations under this Act which contain only provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(5) A Northern Ireland department is the appropriate national authority in relation to regulations under this Act which contain only provision which, if contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislative competence of the Assembly, and
(b) would not require the consent of the Secretary of State.
(6) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under this Act so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
(7) In this section ‘Minister of the Crown’ has the same meaning as in the Ministers of the Crown Act 1975.”
This new clause is intended to replace the current Clause 16. It would mean that the Secretary of State would only make regulations under this Act if they relate to England or the whole of the UK, or are outside the legislative competencies of the Devolved Administrations.
New clause 3—List of regulators and regulated professions—
“(1) The Secretary of State must publish a list of all regulators of regulated professions and the associated professions.
(2) The list must be updated on a regular basis.”
New clause 4—Guidance and assistance concerning mutual recognition—
“Upon the request of a regulator, the Secretary of State must provide guidance and all reasonable assistance on how to make the most of the provisions in the EU-UK Trade and Co-operation Agreement.”
New clause 5—Consent of the devolved authorities—
“(1) Before making regulations under this Act, the Secretary of State or the Lord Chancellor must obtain the consent of—
(a) the Senedd, to the extent that the regulations contain provision which could also be made by the Welsh Ministers by virtue of section 16(2) (ignoring any requirement for the consent of a Minister of the Crown under section 16(5));
(b) the Scottish Parliament, to the extent that the regulations contain provision which could also be made by the Scottish Ministers by virtue of section 16(3);
(c) the Northern Ireland executive, to the extent that the regulations contain provision which could also be made by a Northern Ireland department by virtue of section 16(4).”
Amendment 2, in clause 7, page 5, line 16, at end insert—
“(1A) Before making the arrangements, the Secretary of State must consult the devolved authorities on the functions and operations of the assistance centre.”
This amendment would require the Secretary of State to undertake consultation with the Devolved Authorities on the functions and operations of the Assistance Centre before it comes into being.
Amendment 3, page 5, line 16, at end insert—
“(1A) Before making the arrangements, the Secretary of State must ensure there are representatives from each of the devolved nations on the board of the assistance centre.”
This amendment would require the Secretary of State to ensure there are representatives for each of the devolved nations on the board of the Assistance Centre.
Amendment 4, page 11, line 28, leave out clause 16.
Government amendment 1.