HL Deb 07 November 1989 vol 512 cc638-40

99 Clause 44, page 51, line 6, leave out 'made by statutory instrument'.

100 Page 51, line 10, after 'by', insert 'it, subject to such exceptions and reservations as may be specified in'.

101 Page 51, line 19, leave out subsections (3) to (6) and insert— '(3) Any transfer of the functions under the following provisions shall be subject to the reservation that they remain exercisable concurrently by the Secretary of State—

  1. (a) section 36 (power to call for information), and
  2. (b) section 38 (directions to comply with international obligations);
and any transfer of the function of refusing to approve an overseas qualification, or withdrawing such approval, on the grounds referred to in section 31(3) (lack of reciprocity) shall be subject to the reservation that the function is exercisable only with the consent of the Secretary of State. (4) A delegation order may be amended or, if it appears to the Secretary of State that it is no longer in the public interest that the order should remain in force, revoked by a further order under this section. (5) Where functions are transferred or resumed, the Secretary of State may by order confer or, as the case may be, take such other functions supplementary or incidental to those transferred or resumed as appear to him to be appropriate. (6) The provisions of Schedule 10 have effect with respect to the status, constitution and proceedings of a body established by a delegation order, the exercise by it of certain functions transferred to it and other supplementary matters. (7) An order under this section shall be made by statutory instrument. (8) An order which has the effect of transferring or resuming any functions shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament; and any other description of order shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

102 Clause 46, page 52, line 34, leave out 'the order' and insert 'an order under section 44'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 99, 100 to 102, and 433 to 444.

The amendments concern the statutory body and the transfer of functions to it. As the Bill left your Lordships' House, a delegation order had the effect of transferring to the body established by it all the functions of the Secretary of State, subject to the exceptions and qualifications in Clause 44(2) and 44(3), and any supplementary or incidental functions which appeared to the Secretary of State at the time to be appropriate.

An order resuming functions had the effect of transferring back to him all the functions transferred or conferred. The chief effect of the amendments is to enable the Secretary of State to transfer only some of the functions; to enable the transfer of any function to be made subject to any exceptions or reservations he wishes to make; and to enable him to make further orders transferring, conferring or resuming functions or otherwise amending earlier orders. Most of the amendments are simply consequentials upon those changes. However, Amendment No. 435 provides that the statutory body itself, rather than the Secretary of State, is to pay the remuneration and other payments received by members of the body.

Moved, That the House do agree with the Commons in the said amendments.

Lord Williams of Elvel

My Lords, perhaps I may refer the noble Lord to Amendment No. 101 of which subsection (4) states: A delegation order may be amended or, if it appears to the Secretary of State that it is no longer in the public interest that the order should remain in force, revoked by a further order under this section". Is the implication that the Secretary of State only can amend an order, or can Parliament amend the order?

Lord Strathclyde

My Lords, the key subsection of Amendment No. 101 is subsection (4) which allows the Secretary of State to amend a delegation order by a further order. The rest of the amendment is concerned with adapting certain of the existing provisions of Clause 44 to the possibility that there may be several orders transferring or resuming functions or otherwise amending an earlier order. The Secretary of State only is responsible for making or amending the order.

Lord Williams of Elvel

My Lords, with the leave of the House, before the noble Lord sits down, do I understand that those orders are made under the negative procedure?

Lord Strathclyde

My Lords, yes.

On Question, Motion agreed to.