§ Charlotte AtkinsTo ask the Minister for the Cabinet Office what use has been made of the powers in section 8 of the Electronic Communications Act 2000. [138177]
§ Mr. Ian McCartneyThe Electronic Communications Act 2000 contains in section 8 a power to amend legislation by statutory instrument, to authorise or facilitate electronic communication or storage. The first order laid before Parliament under this section is the Companies Act 1985 (Electronic Communications) Order356W 2000 amending company law, of which a draft was laid before the House on 23 October under the affirmative resolution procedure.
The second order to be laid before Parliament is planned to be an order by my right hon. Friend the Minister for Local Government and the Regions, to allow electronic communication between the Department of the Environment; Transport and the Regions (DETR) and local authorities of Housing Revenue Account subsidy determinations and decisions.
In her memorandum submitted to Parliament during the passage of the Electronic Communications Bill in January 2000, my hon. Friend the Minister for Small Business and E-Commerce said:
the Government envisage that the first Order would be subject to an affirmative resolution, but that Orders under clause 8 would normally be subject to a negative resolution. After the first Order therefore the affirmative resolution procedure would be used only exceptionally, with any Orders that raised major issues of principle.As no major issues of principle are raised by the DETR order, my right hon. Friend the Minister for Local Government and the Regions proposes to make it subject to the negative resolution procedure. This will enable it to come into force in time for the annual determination of Housing Revenue Account Subsidy. In this case it is likely to be made, and could come into force, before the company law order.