LORDS AMENDMENT (Hansard, 17 November 1998)

HL Deb 17 November 1998 vol 594 cc1199-264 1199

§ 286 Before Schedule 7, insert the following new schedule—

§ ("SCHEDULE

§ PROCEDURE FOR SUBORDINATE LEGISLATION

§ General provision

§ 1.—(1) Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.

§ (2) This paragraph is subject to paragraphs 3 and 4.

Provision of the Act	Type of procedure
Section 2(1)	Type C
Section 11(1)	Type C
Section 14	Type D
Section 17(5)	Type J
Section 29	Type A
Section 33	Type I
Section 36	Type J
Section 52(2)	Type G
Section 54	Type I
Section 56	Type G
Section 58	Type G
Section 59	Type A
Section 61(5)	Type K
Section 64(3)	Type E
Section 67(4B)	Type K
Section 75	Type E
Section 83	Type I

§ Notes

§ The entry for section 54 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.

§ The entry for section 75, in relation to an instrument containing an order which makes only such provision as is mentioned in section 75(3), is to be read as referring to type K instead of type E.

§ Types of procedure

§ 2. The types of procedure referred to in this Schedule are—

§ Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument—

(a) has been laid before, and approved by resolution of, each House of Parliament, and
(b) has been laid before, and approved by resolution of, the Parliament.

§ Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

§ Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

§ Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

§ Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.

§ Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of—

(a) a resolution of either House, or
(b) a resolution of the Parliament.

1201

§ Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

§ Type H: The instrument containing the legislation shall be subject to annulment in pursuance of

(a) a resolution of either House of Parliament, or
(b) a resolution of the Parliament.

§ Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.

§ Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.

§ Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.

§ Special cases

§ 3.—(1) This paragraph applies if—

(a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
(b) the legislation contains provisions which add to, replace or omit any part of the text of an Act (including this Act).

§ (2) Where this paragraph applies—

(a) instead of the type F procedure, the type A procedure shall apply,
(b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
(c) instead of the type H procedure, the type A procedure shall apply,
(d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
(e) instead of the type K procedure, the type E procedure shall apply.

§ 4. If legislation under section 115(3) makes provision as mentioned in section 101(B1) then, instead of the type G procedure, the type D procedure shall apply.

§ 5.—(1) An instrument containing an Order in Council or order tinder an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.

§ (2) An instrument containing an Order in Council under section 84 or 85 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.").

§ The Commons agreed to Lords Amendment No. 286, with the following amendment—

§ 286A In paragraph 3(1)(b) of the Amendment, leave out ("(including this Act)").

§ Lord Sewel
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 286A to Lords Amendment No. 286. It all finishes with a whimper! It should not be me standing here—it should be my noble friend Lady Ramsay of Cartvale—because the words I shall use in relation to this amendment are quite simply that it is a minor and technical amendment. I beg to move.
1202 Moved, That the House do agree with the Commons in their Amendment No. 286A to Lords Amendment No. 286.—(Lord Sewel.)

§ Lord Mackay of Drumadoon
My Lords, had the noble Baroness, Lady Ramsay, been in her place, I am sure she would have used the words, "This is a technical and drafting amendment". It is entirely that and, in the spirit of consensus which we wish to pervade the Scotland Bill and the Scottish parliament in the future, we welcome the amendment.

§ On Question, Motion agreed to.

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