My Lords, to pick up the noble Lord’s penultimate point, Clause 18 says in terms that the scheme must specify various classes in subsection (2).
I have tabled Amendments 101 and 102 in this group. The first is narrower than the amendment tabled by the noble Lord, but would require regulations to encompass the requirements of a scheme whose breach may attract the imposition of a penalty. We are told that there will be regulations imposing penalties. It seems to me that the regulations for the underlying requirement, at the very least, ought to be within the regulations before one and that it is not appropriate for there to be regulations imposing penalties if the requirements themselves are not subject to the same sort of parliamentary process.
My second amendment would provide, not in detail, a more structured procedure than is suggested by subsection (4): the opportunity to object to a proposed penalty. It suggests that a reference to an appeal would be more appropriate. If there are to be penalties there should be arrangements for challenging them and possibly even for third party or perhaps judicial determination—but whatever there is, the rather loose terminology of “object to” is inadequate.