Moved by
Lord Callanan
That the House do agree with the Commons in their Amendments 3 to 16.
3: Clause 2, page 4, line 19, at end insert—
“(7A) But regulations made by virtue of subsection (7)(a) may not make provision amending (or repealing or revoking) any provision of—
(a) an Act of the Scottish Parliament, or an instrument made under such an Act, unless the Scottish Ministers have consented to the making of that provision;
(b) a Measure or Act of Senedd Cymru, or an instrument made under such a Measure or Act, unless the Welsh Ministers have consented to the making of that provision;
(c) Northern Ireland legislation, or an instrument made under Northern Ireland legislation, unless the Department for the Economy in Northern Ireland has consented to the making of that provision.”
4: Clause 6, page 7, line 39, at end insert “, and
(b) consider any representations which are duly made and not withdrawn.”
5: Clause 8, page 9, line 10, after “repeals” insert “or revocations”
6: Clause 8, page 9, line 14, at end insert—
“(2A) Before making regulations under this section containing provision within devolved competence, the Secretary of State must give notice to each relevant devolved authority—
(a) stating that the Secretary of State proposes to make regulations under this section, and
(b) specifying the period (of not less than 28 days from the date on which the notice is given) within which representations may be made with respect to the provision within the relevant devolved competence, and must consider any representations duly made and not withdrawn.
(2B) For the purposes of this section “relevant devolved authority” means—
(a) the Scottish Ministers, if the regulations contain provision within Scottish devolved competence;
(b) the Welsh Ministers, if the regulations contain provision within Welsh devolved competence;
(c) the Department for the Economy in Northern Ireland, if the regulations contain provision within Northern Ireland devolved competence;
and “the relevant devolved competence”, in relation to a relevant devolved authority, is to be construed accordingly.
(2C) For the purposes of this section, provision—
(a) is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(b) is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);
(c) is within Northern Ireland devolved competence if it—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998;
and references to provision being within devolved competence are to provision that is within Scottish, Welsh or Northern Ireland devolved competence.”
7: Clause 9, page 9, line 32, at end insert “and
(b) specify a period of not less than 28 days within which representations or objections with respect to the proposed regulations may be made,
and the Secretary of State must consider any representations or objections which are duly made and not withdrawn.”
8: Clause 9, page 10, line 5, at end insert “, and
(b) sending a copy of the notice to—
(i) the Scottish Ministers, if an activity that would be authorised by the proposed licence is within Scottish devolved competence;
(ii) the Welsh Ministers, if an activity that would be authorised by the licence is within Welsh devolved competence;
(iii) the Department for the Economy in Northern Ireland, if an activity that would be authorised by the licence is within Northern Ireland devolved competence.
(5A) Section 17(4) (activities authorised by a licence: devolved competence) applies for the purposes of subsection (5)(b) of this section as it applies for the purposes of section 17.”
9: Clause 9, page 10, line 15, leave out subsection (10) and insert—
“(10) For the purposes of this section “appropriate devolved authority”, in relation to regulations, means—
(a) the Scottish Ministers, if the regulations contain provision within Scottish devolved competence;
(b) the Welsh Ministers, if the regulations contain provision within Welsh devolved competence;
(c) the Department for the Economy in Northern Ireland, if the regulations contain provision within Northern Ireland devolved competence.
(10A) For the purposes of this section, provision—
(a) is within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(b) is within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);
(c) is within Northern Ireland devolved competence if it—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.”
10: Clause 10, page 11, line 12, leave out “consult” and insert “give notice to”
11: Clause 10, page 11, line 12, at end insert—
“(a) stating that the Secretary of State proposes to make regulations under this section, and
(b) specifying the period (of not less than 28 days from the date on which the notice is given) within which representations must be made with respect to the proposed provisions,
and must consider any representations duly made and not withdrawn.”
12: Clause 13, page 15, line 40, at end insert “and
(iii) the appropriate devolved authorities (if any).”
13: Clause 13, page 16, line 31, at end insert—
“(12) For the purposes of this section the “appropriate devolved authorities” are—
(a) the Welsh Ministers, if provision making the modifications proposed in the notice under subsection (2) would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);
(b) the Scottish Ministers, if provision making the modifications proposed in that notice would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(c) the Department for the Economy in Northern Ireland, if provision making the modifications proposed in that notice—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.”
14: Clause 19, page 20, line 28, leave out quotegraph (b) and insert— “(b) send a copy of the notice to—
the Scottish Ministers, if an activity authorised by the licence is within Scottish devolved competence,
the Welsh Ministers, if an activity authorised by the licence is within Welsh devolved competence,
the Department for the Economy in Northern Ireland, if an activity authorised by the licence is within Northern Ireland devolved competence,
(iv) the Oil and Gas Authority, and
(v) such other persons as the economic regulator considers are likely to be affected by the decision, and”
15: Clause 19, page 20, line 31, at end insert—
“(1A) Section 17(4) (activities authorised by a licence: devolved competence) applies for the purposes of subsection (1)(b) of this section as it applies for the purposes of section 17.”
16: Clause 39, page 35, line 4, at end insert—
“(5A) The economic regulator must send a copy of any notice given by it under subsection (4) to—
(a) the Welsh Ministers,
(b) the Scottish Ministers, and
(c) the Department for the Economy in Northern Ireland.”