COMMONS AMENDMENT (Hansard, 11 November 1975)

§ The LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 7. This Amendment is designed to render the rules under Clause 14 subject to Negative Resolution procedure.

The Amendment (which was moved by Mr. Graham Page in another place and accepted by the Government) is unfortunately defective, for it provides for annulment "by resolution of either House of Parliament" If interpreted literally, this would mean that on a Prayer against the rules the Negative Resolution would of itself annul them. That is an unprecedented provision and departs from the usual formula "in pursuance of a resolution of either House of Parliament", which follows the wording of Section 5(1) of the Statutory Instruments Act 1946. Under that subsection a Prayer for annulment is followed by an Order in Council revoking the instrument, and under that procedure there is time to prepare new rules to come into force immediately after revocation of the old.

Accordingly, it becomes necessary to move Amendment No. 7A to leave out ("by") and insert ("in pursuance of a") which corrects the defect in the Commons Amendment No. 7. It provides that the rules under Clause 14, instead of being subject to annulment by resolution, are to be subject to annulment in pursuance of a resolution and it is upon these fine refinements that the Parliamentary system appears to work. The Amendment 1679 adopts the usual formula used in innumerable Acts and enables the provisions of Section 5(1) of the Statutory Instruments Act 1946 to apply.