My Lords, I shall speak also to the other two amendments in this group. Perhaps we may start with the most substantive one, Amendment 9. This amendment was prompted by the third report of this Session by the Delegated Powers and Regulatory Reform Committee. It drew attention to Clause 47 of the Bill relating to regulations or orders under Clause 2. Clause 2 enables the Secretary of Statement by affirmative regulations to include someone as a relevant authority and to make provision about how the Bill affects them. This is the case even though the regulations might be a hybrid instrument, although Clause 47 requires it to be treated as not a hybrid. The Delegated Powers Committee makes reference to affording,
“any interests that would normally be afforded protection by the hybrid instruments procedure”,
some alternative means of protection. This is what Amendment 9 seeks to do, by requiring the publication of consultation on a draft of the intended regulation. Parliamentary counsel will doubtless be able to devise more appropriate wording, but there is a point that needs to be addressed. Hybridity arises when a provision can affect specific private or local interest in a different manner from the private or local interest of other persons or bodies of the same class. If hybrid, there is a wider process for consideration of an instrument. Let us hope that the Minister will accept the advice of the Delegated Powers Committee on this, or alternatively will justify why Clause 40(7) is deemed necessary. What situation is envisaged that would need this protection?
Amendments 7 and 8 require that any regulations made as a result of powers provided by Clause 2(3) and (5) require prior consultation with those affected by the proposed changes—a minimum activity. I beg to move.
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