Moved by
Lord Callanan
96: Clause 194, page 161, line 15, at end insert—
“(5A) Energy smart regulations that are not within subsection (5) are subject to the made affirmative procedure if they—
(a) are the first energy smart regulations to make provision about a particular description of energy smart appliance,
(b) make provision by virtue of section 189(4)(b) imposing requirements of a kind not previously imposed by energy smart regulations,
(c) make provision by virtue of section 190(1)(a) or (b) by reference or in relation to a published document, standard or list (as the case may be) in respect of which such provision has not previously been made,
(d) confer new powers for the enforcement of energy smart regulations, or
(e) make provision by virtue of section 192(2) for the imposition of new civil penalties.
(5B) A revised version of a published document, standard or list is to be disregarded for the purposes of subsection (5A)(c) if provision has previously been made in respect of the document, standard or list by virtue of section 190(1)(a) or (b) (as the case may be).”
Member's explanatory statement
This amendment provides that energy smart regulations that are not the first energy smart regulations but that include certain kinds of provision for the first time are subject to the made affirmative procedure.