My Lords, Clause 87 provides for the Secretary of State to make, by order made by statutory instrument, such provision as is appropriate in consequence of the Act. Subsections (3) and (4) provide for the affirmative procedure to be used for statutory instruments which repeal, revoke or amend any provision of primary legislation. In contrast, the negative procedure is used for other statutory instruments made under this provision, including those which modify primary or subordinate legislation.
Amendments 95 and 96 simply ensure that statutory instruments made pursuant to the power to modify primary legislation are also subject to the affirmative procedure rather than the negative procedure. This is in line with the recommendation made by the Delegated Powers and Regulatory Reform Committee, which stated that if the power to modify were to be retained, it should be subject to the affirmative procedure. I beg to move.