Moved by
Earl Howe
157CB: Clause 59, page 59, line 8, at end insert—
“(2A) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State under section (Disclosures by victims that cannot be precluded by agreement) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Member’s explanatory statement
This amendment replaces my amendment 157 with revised provision to enable a statutory instrument containing regulations under Clause (Disclosures by victims that cannot be precluded by agreement), which are subject to the affirmative Parliamentary procedure, to include consequential provision.
157CC: Clause 59, page 59, line 9, after “containing” insert “(alone or with other provision)”
Member’s explanatory statement
This amendment enables a statutory instrument containing regulations under Clause 58 that amend, repeal or revoke primary legislation, which are subject to the affirmative Parliamentary procedure, to also contain the regulations on which they are consequential.
157D: Clause 59, page 59, line 9, leave out “under section 58” and insert “made by the Secretary of State or the Minister for the Cabinet Office under section 58(1) or (1A)”
Member’s explanatory statement
This amendment provides for regulations made under clause 58(1A) (inserted by my amendment to clause 58, page 58, line 31) to be subject to affirmative procedure if they amend primary legislation.
157E: Clause 59, page 59, line 10, leave out “that section)” and insert “section 58) (unless it is a statutory instrument to which subsection (2A) applies)”
Member’s explanatory statement
This amendment disapplies affirmative procedure to regulations which amend primary legislation if they are subject to the made affirmative procedure under the subsection (2A) inserted by my amendment to clause 59, page 59, line 8 inserting subsections (2A) to (2E).
157F: Clause 59, page 59, line 13, after “regulations” insert “made by the Secretary of State or the Minister for the Cabinet Office”
Member’s explanatory statement
This amendment is consequential on the regulation making powers conferred by my amendments to Part 3 and to clause 58, page 58, line 31.
157G: Clause 59, page 59, line 14, at end insert—
“(4A) A statutory instrument containing regulations made by the Treasury under paragraph 21 of Schedule (Infected blood compensation scheme) is subject to annulment in pursuance of a resolution of the House of Commons.
(4B) A statutory instrument made by the Welsh Ministers containing regulations under section 58(1A) that amend, repeal or revoke primary legislation (within the meaning of section 58) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
(4C) Any other statutory instrument made by the Welsh Ministers under section 58(1A) is subject to annulment in pursuance of a resolution of Senedd Cymru.
(4D) Regulations made by the Scottish Ministers under section 58(1A) that amend, repeal or revoke primary legislation (within the meaning of section 58) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(4E) Any other regulations made by the Scottish Ministers under section 58(1A) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(4F) Regulations made by a Northern Ireland department under section 58(1A) that amend, repeal or revoke primary legislation (within the meaning of section 58) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(4G) Any other regulations made by a Northern Ireland department under section 58(1A) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).”
Member’s explanatory statement
This amendment specifies the procedures for regulations made by the Treasury under paragraph 21 of my new Schedule and regulations made by the Welsh Ministers, Scottish Ministers or a Northern Ireland department under clause 58(1A) (inserted by my amendment to clause 58, page 58, line 31).