HL Deb 25 October 1990 vol 522 cc1620-1

149 Page 41, line 40, leave out 'section 23(6) or (8)' and insert 'section (Consideration of applications made under section 23) (1) or (3)'.

150 After Clause 34, insert the following new clause:

Review of rules approved by the Secretary of State

'.—(1) Where the Secretary of State has approved—

  1. (a) a rule under section 16(9D) or 25(2) of this Act; or
  2. (b) a draft scheme under section (Consideration of applications made under section 23) (6) of this Act,
he may and, where the Lord President, in the case of a draft scheme such as is mentioned in paragraph (b), so requests shall, require the body which made the rule or, as the case may be, the scheme to review its terms.

(2) When they have reviewed a rule or, as the case may be, a scheme, following a requirement made under subsection (1) above, the body concerned may revise the rule or scheme in the light of that review, and shall then submit the rule or scheme as revised or, if they have not revised it, as previously approved—

  1. (a) in the case of a rule such as is mentioned in subsection (1) (a) above, to the Secretary of State; or
  2. (b) in the case of a draft scheme such as is mentioned in subsection (1) (b) above, to the Secretary of State and the Lord President.

(3) Where a rule, whether revised or as previously approved, is submitted to the Secretary of State under subsection (2) (a) above, he may—

  1. (a) approve the rule as submitted to him; or
  2. (b) amend the rule in such manner as he considers appropriate,
and, (except where the rule remains in the form previously approved), he may direct to the body concerned to bring it into operation as soon as is practicable.

(4) Where the Lord President and the Secretary of State are agreed that the terms of a draft scheme submitted to them under subsection (2) (b) above are satisfactory, the Secretary of State may—

  1. (a) approve the scheme; and
  2. (b) (except where the scheme remains in the form previously approved) direct the body concerned to bring the scheme, as so amended, into force as soon as is practicable.

(5) Where either the Secretary of State or the Lord President is of the view that the terms of any such scheme so submitted to them are not satisfactory, but they do not agree as to what the terms of the scheme should be, the scheme shall continue to have effect as previously approved.

(6) Where the Secretary of State and the Lord President agree both that the terms of a scheme so submitted to them are not satisfactory, and as to what the terms of the scheme should be, the Secretary of State may amend the scheme in such manner as he and the Lord President consider appropriate; and may direct the body concerned to bring the scheme, as so amended, into force as soon as is practicable.

(7) The provisions of section 33(1) (b) and (c) of this Act shall apply to rules and schemes submitted under subsection (2) of this section as they apply to rules submitted under sections 16(9D) and 25(2) and schemes submitted under section 23(1) of this Act.'.

151 Clause 35, page 43, line 48, at end insert:

'"Review of rules approved by the Secretary of State.

64D.—.(1) Without prejudice to the power of the Council to review any rule made by them, where the Secretary of State has approved a rule under section MB he may, and if so requested by the Lord President shall, require the Council to review its terms.

(2) When they have reviewed a rule following a requirement made under subsection (1), the Council may revise the rule in the light of that review, and shall then submit the rule as revised or, if they have not revised it, as previously approved to the Lord President and the Secretary of State.

(3) Where the Lord President and the Secretary of State are agreed that the terms of the rule as submitted to them are satisfactory, the Secretary of State shall approve the rule, and may direct the Council to bring it into force as soon as is practicable.

(4) Where either the Secretary of State or the Lord President is of the view that any rule, as submitted to them, is not satisfactory, but they do not agree as to what the terms of the rule should be, the rule shall continue to have effect as previously approved.

(5) Where the Secretary of State and the Lord President agree both that any rule submitted to them under subsection (2) is not satisfactory, and as to what the terms of the rule should be, the Secretary of State may direct the Council—

  1. (a) to amend the rule in such manner as he and the Lord President consider appropriate; and
  2. (b) to bring the rule, as so amended, into force as soon as is practicable.

(6) The provisions of section 64A and 64B apply to rules submitted to the Secretary of State under this section as they apply to rules submitted to him under sections 25A(9) or (10) and 34(3A)." '

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 149 to 151 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 149 to 151 en bloc.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.