Moved by
Baroness Young of Old Scone
121: Clause 41, page 27, line 42, leave out subsection (1) and insert—
“(1) Before making regulations under section 36 or 38, the Secretary of State must—
(a) prepare a draft (“the consultation draft”) of such regulations,
(b) publish the consultation draft in such manner as the Secretary of State considers appropriate,
(c) take such steps as the Secretary of State considers appropriate to secure that the consultation draft is brought to the attention of interested persons,
(d) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by Parliament, and
(e) on or before the first day of the scrutiny period lay a copy of the consultation draft before both Houses of Parliament.
(1A) In this section “interested persons” means—
(a) the Scottish Ministers,
(b) the Welsh Ministers,
(c) the Northern Ireland department, and
(d) any persons likely to be interested in, or affected by, the consultation draft.
(1B) Subsection (1C) applies if, during the scrutiny period—
(a) either House of Parliament passes a resolution with regard to the consultation draft, or
(b) a committee of either House of Parliament makes a recommendation with regard to the policies contained in the consultation draft.
(1C) The Secretary of State must lay before Parliament a statement setting out the Secretary of State’s response to the resolution or recommendation.
(1D) The Secretary of State must, in making regulations under section 36 or 38, have regard to any representations made to the Secretary of State about the consultation draft under subsection (1) or any resolution or recommendation made under subsection (1B).”
Member’s explanatory statement
This amendment provides an additional requirement for authorities to lay the draft regulations before Parliament. It also requires the Secretary of State to “have regard to” any responses to the consultation, including any Parliamentary resolutions or recommendations.