HL Deb 07 June 2004 vol 662 cc12-3
The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)

My Lords, I beg to move that the House do now resolve itself into Committee (on Recommitment) on this Bill.

Moved, That the House do now resolve itself into Committee (on Recommitment).—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.

House in Committee (on Recommitment) accordingly.


Clause 1 [Repeals and associated provisions]:

Lord Falconer of Thoroton moved the amendment:

Page 1, line 5, at end insert—

"(3) In determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6)(power by order to make provision reforming law which imposes burdens) whether any provision of an Act falls within subsection (4)(a) of that section (provision amended by an Act within previous two years), the effect of this Act is to be disregarded."

The noble and learned Lord said: The amendment addresses a potential problem in connection with the Regulatory Reform Act 2001. Section 1 of that Act gives a Minister of the Crown power to reform primary legislation that has the effect of imposing burdens that affect persons in the carrying on of any activity. Such reform is made by way of a regulatory reform order. Section 1(4) of the Act prevents a regulatory reform order being used to amend a provision in an Act that has already been amended during the past two years, other than consequential or incidental amendments. The Bill, of course, amends a number of Acts by repealing parts of them. Section 1(4) of the 2001 Act will prevent Ministers from making a regulatory reform order reforming parts of any provisions that have been partially repealed during the two years after the Bill receives Royal Assent.

We think that that is an unnecessary restriction. The amendment will enable the Bill when enacted to be disregarded for the purposes of Section 1(4) of the Regulatory Reform Act 2001. I beg to move.

On Question, amendment agreed to.

Clause 1, as amended, agreed to.

Clauses 2 and 3 agreed to.

Schedules 1 and 2 agreed to.

House resumed: Bill reported with an amendment.