HC Deb 29 June 1981 vol 7 c665

Lords amendment: No. 2, in page 23, line 30, after "Act" insert and to any determination made by the Secretary of State in accordance with such regulations".

Mr. Eyre

I beg to move, That this House doth agree with the Lords in the said amendment.

I hope to make the same impression on the hon. Member for Hackney, Central (Mr. Davis) with my second speech. The need for this technical amendment came to light only in the course of preparing regulations that will be made under the clause.

Because the existing regulations are made under the European Communities Act 1972 and are tantamount to primary legislation, it is proper for them to provide for the Secretary of State to determine the factor. If he were to make the determination under the clause as introduced it would be improper, because the primary legislation did not expressly confer the power. The amendment therefore confers the power and allows him to continue to make the necessary determination for the purposes of the new regulations. It is a sensible and necessary amendment.

Mr. Clinton Davis

I am again speechless, but with less admiration.

Question put and agreed to.