APPENDIX
Proposal to extend the power to regulations passed
since 1993-94
COMMITTEE REPORT
39. The Committee fully endorsed this proposal, on
the basis that despite best efforts, post- as well as pre-1994
legislation sometimes imposes burdens that prove unnecessary and
that could appropriately be dealt with by deregulation orders.
The Committee saw no reason why the procedure should be limited
to pre-1994 legislation.
GOVERNMENT RESPONSE
40. The Government appreciates the Committee's support
on this issue. This proposed amendment was also supported by the
majority of other respondents to the consultation document. However
the Lords Committee opposed a totally open-ended power on the
basis that it would increase the tendency for ill-considered legislation
and might lead to legislative instability in the event of a change
of Government. The Committee suggested a rolling three-year cut
off date to debar recently-passed legislation from amendment by
deregulation order.
41. The Government appreciates the Lords Committee's
concern but is not convinced that deregulation orders would prove
sufficiently attractive as a "quick-fix option" to encourage
poor drafting, especially given the time it takes for an order
to undergo the required process of consultation and scrutiny.
The Government will ensure that the revised guidance to those
considering new legislation emphasises that the order-making process
is not an easy solution. In view of the above, the Government
is minded to carry this proposal as it stands.
| 
