Moved by
Baroness Scott of Bybrook
169: Clause 84, page 91, line 10, at end insert “, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved competence”
Member's explanatory statement
This amendment provides that the Secretary of State may make planning data regulations which contain provision within Scottish devolved competence without consulting the Scottish Ministers where the provision is merely incidental to, or consequential upon, provision that is outside that devolved competence.
170: Clause 84, page 91, line 18, leave out sub-paragraph (ii)
Member's explanatory statement
This amendment removes the reference to a person exercising functions of a public nature from the definition of a provision that is “within Scottish devolved competence”.
171: Clause 84, page 91, line 23, leave out “competence after consulting the Welsh Ministers” and insert “legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence”
Member's explanatory statement
This amendment requires the Secretary of State to obtain the consent of the Welsh Ministers before making planning data regulations which contain provision within Welsh devolved legislative competence.
172: Clause 84, page 91, line 24, at end insert—
“(3A) The Secretary of State may only make planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
(a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (3), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
(3B) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).”
Member's explanatory statement
This amendment requires the Secretary of State to consult the Welsh Ministers before making planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority except in certain circumstances.
173: Clause 84, page 91, line 25, after “devolved” insert “legislative”
Member's explanatory statement
This amendment provides where a provision is “within Welsh devolved legislative competence”.
174: Clause 84, page 91, line 30, leave out paragraphs (b) and (c)
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 84 at line 24 on page 91 in the Minister’s name.
175: Clause 84, page 92, line 2, leave out “competence after consulting a Northern Ireland department” and insert “legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence”
Member's explanatory statement
This amendment requires the Secretary of State to obtain the consent of a Northern Ireland department before making planning data regulations which contain provision within Northern Ireland devolved legislative competence.
176: Clause 84, page 92, line 3, at end insert—
“(5A) The Secretary of State may only make planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
(a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (5), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
(5B) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.”
Member's explanatory statement
This amendment requires the Secretary of State to consult a Northern Ireland department before making planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department except in certain circumstances, and provides a definition of the relevant Northern Ireland department.
177: Clause 84, page 92, line 4, after “devolved” insert “legislative”
Member's explanatory statement
This amendment provides where a provision is “within Northern Ireland devolved legislative competence”.
178: Clause 84, page 92, line 11, leave out paragraphs (b) and (c)
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 84 at line 3 on page 92 in the Minister’s name.
179: After Clause 84, insert the following new Clause—
“Planning data regulations made by devolved authorities
Schedule (Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities) contains restrictions on the exercise of the powers under this Chapter by devolved authorities.”
Member's explanatory statement
This amendment inserts a new Clause which introduces the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers under this Chapter by devolved authorities.