Dr.
Whitehead: I am pleased to hear from my hon. Friend that
he is encouraged by the spirit of the new clause and the partnership
that is at its centre. I also endorse what my hon. Friends and hon.
Members have said about the difference between schemes where individual
homes are retro-fitted, however well that may be carried out, and the
extent to which energy companies are searching out those homes in order
to undertake CERT activity. The possible area arrangements would
involve local authorities, with their knowledge and understanding of
their communities and the conditions of homes there. Such an approach
to the energy efficiency of homes would represent a quantum change in
how the carbon outputs of our homes must operate in the next few
years. I
might add that my conversations about the new clause have concerned not
just the role of local authorities. Registered social landlords would
be keen to undertake such activity, in association with local
authorities, to ensure that we have warm and energy-efficient homes,
which are using less energy and not more, so that bills reduce rather
than increase as the warmth, insulation and energy efficiency of homes
increase. I consider myself encouraged by the response of my hon.
Friend the Minister, who, I imagine, will go away and look at the
drafting of those small bits of the new clause that do not quite add
up, eliminating those and producing a perfect result. That could ensure
that such a scheme
becomes a reality, at the next stage of the Climate Change Bill.
Therefore, I beg to ask leave to withdraw the
motion. Motion
and clause, by leave,
withdrawn.
New
Schedule
1‘Charges
for single use carrier
bags Part
1 Powers
to make regulations about
charges General
power 1 The relevant
national authority may make provision by regulations about charging by
sellers of goods for the supply of single use carrier
bags. Requirement to
charge 2 The regulations
may make provision requiring sellers of goods to charge for single use
carrier bags
supplied— (a) at the
place where the goods are sold, for the purpose of enabling the goods
to be taken away, or (b) for
the purpose of enabling the goods to be
delivered. Sellers of
goods 3 (1)
“Seller”, in relation to goods, has the meaning given by
the regulations which may define that term by reference (in particular)
to— (a) a
person’s involvement in selling the
goods, (b) a person’s
interest in the goods, or (c) a
person’s interest in the place at or from which the goods are
sold, or any combination of
those factors. (2) The
regulations may make provision for regulations under this Schedule to
apply— (a) to all
sellers of goods, (b) to
sellers of goods named in the
regulations, (c) to sellers of
goods identified by reference to specified factors,
or (d) to sellers of goods
within paragraph (b) and sellers of goods within paragraph
(c). (3) The specified factors
may include— (a) the
place or places at or from which a seller supplies
goods; (b) the type of goods
that a seller supplies; (c) the
value of goods that a seller
supplies; (d) a seller’s
turnover or any part of that
turnover. (4) In this Schedule
“specified” means specified in regulations under this
Schedule. Amount of
charge 4 The regulations
may specify the minimum amount that a seller must charge for each
single use carrier bag, or provide for that amount to be determined in
accordance with the
regulations. Single use
carrier bags 5
“Single use carrier bag” has the meaning given by the
regulations, which may define that term by reference (in particular)
to— (a) a bag’s
size, thickness, construction, composition or other characteristics,
or (b) its intended
use, or any combination of
those
factors. Administration 6
(1) The regulations may appoint a person (an
“administrator”) to administer provision made by
regulations under this
Schedule. (2) More than one
person may be appointed as administrator.
(3) The regulations may confer or impose powers or
duties on an administrator and may (in particular) do
so— (a) by making
modifications to any enactment applying to the administrator,
or (b) by providing for any
such enactment to apply, with or without modifications, for the
purposes of regulations under this
Schedule. (4) References in
this Schedule to an administrator include a person appointed by an
administrator. Record-keeping
and publication of
records 7 (1) The
regulations may require records to be kept relating to charges made for
single use carrier bags. (2)
The regulations may
require— (a) the
records, or such other information as may be specified, to be published
at such times and in such manner as may be
specified; (b) the records, or
such other information as may be specified, to be supplied on request
and in such manner as may be specified
to— (i) the relevant
national authority, (ii) an
administrator, or (iii) members
of the public. (3) The
regulations may (in particular) require the publication or supply of
records or information relating to any of the
following— (a) the
amount received by a seller by way of charges for single use carrier
bags; (b) the seller’s
gross or net proceeds of the
charge; (c) the uses to which
the net proceeds of the charge have been
put. (4) In this
paragraph— “gross
proceeds of the charge” means the amount received by the seller
by way of charges for single use carrier
bags; “net proceeds of
the charge” means the seller’s gross proceeds of the
charge reduced by such amounts as may be
specified. Enforcement 8
(1) The regulations may confer or impose powers or duties on an
administrator to enforce provision made by regulations under this
Schedule. (2) The regulations
may (in particular) confer powers on an administrator
to— (a) require the
production of documents or the provision of information,
or (b) question a seller or
officers or employees of a
seller. (3) Regulations under
sub-paragraph (2) must contain provision for ensuring that the power in
question is exercised by a person only where the person reasonably
believes there has been a failure to comply with a requirement of
regulations under this
Schedule. Part
2 Civil
sanctions Civil
sanctions 9 (1) The
relevant national authority may make provision by regulations about
civil sanctions for breaches of regulations under this
Schedule. (2) For the purposes
of this Schedule a person breaches regulations under this Schedule if,
in such circumstances as may be specified, the
person— (a) fails to
comply with a requirement made by or under the regulations,
or (b) obstructs or fails to
assist an administrator.
(3) In this Schedule “civil sanction”
means— (a) a fixed
monetary penalty (see paragraph 10),
or (b) a discretionary
requirement (see paragraph
12). Fixed monetary
penalties 10 (1) The
regulations may make provision conferring on an administrator the power
by notice to impose a fixed monetary penalty on a person who breaches
regulations under this
Schedule. (2) The regulations
may only confer such a power in relation to a case where the
administrator is satisfied on the balance of probabilities that the
breach has occurred. (3) For
the purposes of this Schedule a “fixed monetary penalty”
is a requirement to pay to an administrator a penalty of an amount
specified in or determined in accordance with the
regulations. (4) The
regulations may not provide for the imposition of a fixed monetary
penalty in excess of
£5,000. Fixed
monetary penalties:
procedure 11 (1) Provision
under paragraph 10 must secure
that— (a) where an
administrator proposes to impose a fixed monetary penalty on a person,
the administrator must serve on that person a notice of what is
proposed (a “notice of intent”) that complies with
sub-paragraph (2), (b) the
notice of intent also offers the person the opportunity to discharge
the person’s liability for the fixed monetary penalty by payment
of a specified sum (which must be less than or equal to the amount of
the penalty), (c) if the person
does not so discharge
liability— (i) the
person may make written representations and objections to the
administrator in relation to the proposed imposition of the fixed
monetary penalty, and (ii) the
administrator must at the end of the period for making representations
and objections decide whether to impose the fixed monetary
penalty, (d) where the
administrator decides to impose the fixed monetary penalty, the notice
imposing it (“the final notice”) complies with
sub-paragraph (4), and (e) the
person on whom a fixed monetary penalty is imposed may appeal against
the decision to impose it. (2)
To comply with this sub-paragraph the notice of intent must include
information as to— (a)
the grounds for the proposal to impose the fixed monetary
penalty. (b) the effect of
payment of the sum referred to in sub-paragraph
(1)(b), (c) the right to make
representations and
objections, (d) the
circumstances in which the administrator may not impose the fixed
monetary penalty, (e) the
period within which liability to the fixed monetary penalty may be
discharged, which may not exceed the period of 28 days beginning with
the day on which the notice of intent was received,
and (f) the period within which
representations and objections may be made, which may not exceed the
period of 28 days beginning with the day on which the notice of intent
was received. (3) Provision
pursuant to sub-paragraph (1)(c)(ii) must include provision for
circumstances in which the administrator may not decide to impose a
fixed monetary penalty. (4) To
comply with this sub-paragraph the final notice referred to in
sub-paragraph (1)(d) must include information as
to— (a) the grounds for
imposing the penalty, (b) how
payment may be made, (c) the
period within which payment must be made,
(d) any early payment discounts or late payment
penalties, (e) rights of
appeal, and (f) the
consequences of
non-payment. (5) Provision
pursuant to sub-paragraph (1)(e) must secure that the grounds on which
a person may appeal against a decision of the administrator include the
following— (a) that the
decision was based on an error of
fact; (b) that the decision was
wrong in law; (c) that the
decision was
unreasonable. Discretionary
requirements 12 (1) The
regulations may make provision conferring on an administrator the power
by notice to impose one or more discretionary requirements on a person
who breaches regulations under this
Schedule. (2) The regulations
may only confer such a power in relation to a case where the
administrator is satisfied on the balance of probabilities that the
breach has occurred. (3) For
the purposes of this Schedule a “discretionary
requirement”
means— (a) a requirement
to pay a monetary penalty to an administrator of such amount as the
administrator may determine,
or (b) a requirement to take
such steps as an administrator may specify, within such period as the
administrator may specify, to secure that the breach does not continue
or recur. (4) In this
Schedule— “variable
monetary penalty” means a requirement referred to in
sub-paragraph
(3)(a); “non-monetary
discretionary requirement” means a requirement referred to in
sub-paragraph (3)(b). (5) The
regulations must, in relation to each kind of breach of regulations
under this Schedule for which a variable monetary penalty may be
imposed— (a) specify the
maximum penalty that may be imposed for a breach of that kind,
or (b) provide for that maximum
to be determined in accordance with the
regulations. (6) The
regulations may not permit discretionary requirements to be imposed on
a person on more than one occasion in relation to the same act or
omission. Discretionary
requirements: procedure 13
(1) Provision under paragraph 12 must secure
that— (a) where an
administrator proposes to impose a discretionary requirement on a
person, the administrator must serve on that person a notice of what is
proposed (a “notice of intent”) that complies with
sub-paragraph (2), (b) that
person may make written representations and objections to the
administrator in relation to the proposed imposition of the
discretionary requirement, (c)
after the end of the period for making such representations and
objections, the administrator must decide whether
to— (i) impose the
discretionary requirement, with or without modifications,
or (ii) impose any other
discretionary requirement that the administrator has power to impose
under paragraph 12, (d) where
the administrator decides to impose a discretionary requirement, the
notice imposing it (the “final notice”) complies with
sub-paragraph (4), and (e) the
person on whom a discretionary requirement is imposed may appeal
against the decision to impose
it.
(2) To comply with this sub-paragraph the notice of
intent must include information as
to— (a) the grounds for
the proposal to impose the discretionary
requirement, (b) the right to
make representations and
objections, (c) the
circumstances in which the administrator may not impose the
discretionary requirement, (d)
the period within which representations and objections may be made,
which may not be less than the period of 28 days beginning with the day
on which the notice of intent is
received. (3) Provision
pursuant to sub-paragraph (1)(c) must include provision for
circumstances in which the administrator may not decide to impose a
fixed monetary penalty. (4) To
comply with this sub-paragraph the final notice referred to in
sub-paragraph (1)(d) must include information as
to— (a) the grounds for
imposing the discretionary
requirement, (b) where the
discretionary requirement is a variable monetary
penalty— (i) how payment
may be made, (ii) the period
within which payment must be made,
and (iii) any early payment
discounts or late payment
penalties, (c) rights of
appeal, and (d) the
consequences of
non-compliance. (5) Provision
pursuant to sub-paragraph (1)(e) must secure that the grounds on which
a person may appeal against a decision of the administrator include the
following— (a) that the
decision was based on an error of
fact; (b) that the decision was
wrong in law; (c) in the case
of a variable monetary penalty, that the amount of the penalty is
unreasonable; (d) in the case
of a non-monetary discretionary requirement, that the nature of the
requirement is unreasonable;
(e) that the decision was unreasonable for any
other reason. Discretionary
requirements:
enforcement 14 (1)
Provision under paragraph 12 may include provision for a person to pay
a monetary penalty (a “non-compliance penalty”) to an
administrator if the person fails to comply with a non-monetary
discretionary requirement imposed on the
person. (2) Provision under
sub-paragraph (1)
may— (a) specify the
amount of the non-compliance penalty or provide for that amount to be
determined in accordance with the regulations,
or (b) provide for the amount
to be determined by the administrator or in some other
way. (3) If the regulations
make provision within sub-paragraph (2)(b), they must, in relation to
each kind of failure for which a non-compliance penalty may be
imposed— (a) specify the
maximum penalty that may be imposed for a failure of that kind,
or (b) provide for that maximum
to be determined in accordance with the
regulations. (4) Provision
under sub-paragraph (1) must secure
that— (a) the
non-compliance penalty is imposed by notice served by the
administrator, and (b) the
person on whom it is imposed may appeal against that
notice. (5) Provision pursuant
to paragraph (b) of sub-paragraph (4) must secure that the grounds on
which a person may appeal against a notice referred to in that
sub-paragraph include the following—
(a) that the decision to serve the notice was based
on an error of fact; (b) that
the decision was wrong in
law; (c) that the decision was
unfair or unreasonable for any reason (including, in a case where the
amount of the non-compliance penalty was determined by the
administrator, that the amount is
unreasonable). Combination
of sanctions 15 (1)
Provision may not be made under paragraphs 10 and 12 conferring powers
on an administrator in relation to the same kind of breach of
regulations under this Schedule unless it complies with the following
requirements. (2) The provision
must secure that the administrator may not serve a notice of intent
referred to in paragraph 11(1)(a) on a person in relation to a breach
where a discretionary requirement has been imposed on that person in
relation to the same
breach. (3) Such provision must
secure that the administrator may not serve a notice of intent referred
to in paragraph 13(1)(a) on a person in relation to a breach
where— (a) a fixed
monetary penalty has been imposed on that person in relation to the
same breach, or (b) the person
has discharged liability to a fixed monetary penalty in relation to
that breach pursuant to paragraph
11(1)(b). Monetary
penalties 16 (1) If the
regulations confer power on an administrator to require a person to pay
a fixed monetary penalty, a variable monetary penalty or a
non-compliance penalty under paragraph 14(1), they may include
provision— (a) for early
payment discounts; (b) for the
payment of interest or other financial penalties for late payment of
the penalty, such interest or other financial penalties not in total to
exceed the amount of that
penalty; (c) for enforcement of
the penalty. (2) Provision
under sub-paragraph (1)(c) may
include— (a) provision
for the administrator to recover the penalty, and any interest or other
financial penalty for late payment, as a civil
debt; (b) provision for the
penalty, and any interest or other financial penalty for late payment
to be recoverable, on the order of a court, as if payable under a court
order. Costs
recovery 17 (1) Provision
under paragraph 12 may include provision for an administrator, by
notice, to require a person on whom a discretionary requirement is
imposed to pay the costs incurred by the administrator in relation to
the imposition of the discretionary requirement up to the time of its
imposition. (2) In
sub-paragraph (1), the reference to costs includes in
particular— (a)
investigation costs; (b)
administration costs; (c) costs
of obtaining expert advice (including legal
advice). (3) Provision under
this paragraph must secure that, in any case where a notice requiring
payment of costs is
served— (a) the notice
specifies the amount required to be
paid; (b) the administrator may
be required to provide a detailed breakdown of that
amount; (c) the person required
to pay costs is not liable to pay any costs shown by the person to have
been unnecessarily
incurred; (d) the person
required to pay costs may appeal
against— (i) the
decision of the administrator to impose the requirement to pay
costs;
(ii) the decision of the administrator as to the
amount of those costs. (4)
Provision under this paragraph may include the provision referred to in
paragraph 16(1)(b) and (c) and
(2). (5) Provision under this
paragraph must secure that the administrator is required to publish
guidance about how the administrator will exercise the power conferred
by the
provision. Appeals 18
(1) The regulations may not provide for the making of an appeal other
than to— (a) the
First-tier Tribunal, or (b)
another tribunal created under an
enactment. (2) In sub-paragraph
(1)(b) “tribunal” does not include an ordinary court of
law. (3) If the regulations
make provision for an appeal in relation to the imposition of any
requirement or service of any notice, they may
include— (a) provision
suspending the requirement or notice pending determination of the
appeal; (b) provision as to the
powers of the tribunal to which the appeal is
made; (c) provision as to how
any sum payable in pursuance of a decision of that tribunal is to be
recoverable. (4) The provision
referred to in sub-paragraph (3)(b) includes provision conferring on
the tribunal to which the appeal is made
power— (a) to withdraw
the requirement or notice; (b)
to confirm the requirement or
notice; (c) to take such steps
as the administrator could take in relation to the act or omission
giving rise to the requirement or
notice; (d) to remit the
decision whether to confirm the requirement or notice, or any matter
relating to that decision, to the
administrator; (e) to award
costs. Publicity for
imposition of civil
sanctions 19 (1) The
regulations may make provision enabling an administrator to give a
publicity notice to a person on whom a civil sanction has been imposed
in accordance with regulations under this
Schedule. (2) A
“publicity notice” is a notice requiring the person to
publicise— (a) the fact
that the civil sanction has been imposed,
and (b) such other information
as may be specified in the
regulations, in such manner as
may be specified in the
notice. (3) The regulations may
provide for a publicity notice
to— (a) specify the time
for compliance with the notice,
and (b) require the person to
whom it is given to supply an administrator with evidence of compliance
within such time as may be specified in the
notice. (4) The regulations may
provide that, if a person fails to comply with a publicity notice, an
administrator may— (a)
publicise the information required to be publicised by the notice,
and (b) recover the costs of
doing so from that
person. Persons liable to
civil sanctions 20 The
regulations may make provision about the persons liable to civil
sanctions under regulations under this Schedule and may (in particular)
provide for— (a) the
officers of a body corporate to be so liable as well the body corporate
itself, and (b) for the
partners of a partnership to be liable as well as the partnership
itself, in such circumstances
as may be specified.
Guidance as to use of civil
sanctions 21 (1) Where
power is conferred on an administrator by the regulations to impose a
civil sanction in relation to a breach of regulations under this
Schedule, the provision conferring the power must secure
that— (a) the
administrator must publish guidance about the administrator’s
use of the civil sanction, (b)
the guidance must contain the relevant
information, (c) the
administrator must revise the guidance where
appropriate, (d) the
administrator must consult such persons as the provision may specify
before publishing any guidance or revised guidance,
and (e) the administrator must
have regard to the guidance or revised guidance in exercising the
administrator’s
functions. (2) In the case of
guidance relating to a fixed monetary penalty, the relevant information
referred to in sub-paragraph (1)(b) is information as
to— (a) the
circumstances in which the penalty is likely to be
imposed, (b) the circumstances
in which it may not be
imposed, (c) the amount of the
penalty, (d) how liability for
the penalty may be discharged and the effect of discharge,
and (e) rights to make
representations and objections and rights of
appeal. (3) In the case of
guidance relating to a discretionary requirement, the relevant
information referred to in sub-paragraph (1)(b) is information as
to— (a) the
circumstances in which the requirement is likely to be
imposed, (b) the circumstances
in which it may not be
imposed, (c) in the case of a
variable monetary penalty, the matters likely to be taken into account
by the administrator in determining the amount of the penalty
(including, where relevant, any discounts for voluntary reporting of
non-compliance), and (d) rights
to make representations and objections and rights of
appeal. Publication of
enforcement action 22 (1)
Where power is conferred on an administrator by the regulations to
impose a civil sanction in relation to a breach of regulations under
this Schedule, the provision conferring the power must, subject to this
paragraph, secure that the administrator must from time to time publish
reports specifying— (a)
the cases in which the civil sanction has been imposed,
and (b) where the civil
sanction is a fixed monetary penalty, the cases in which liability to
the penalty has been discharged pursuant to paragraph
11(1)(b). (2) In sub-paragraph
(1)(a), the reference to cases in which the civil sanction has been
imposed do not include cases where the sanction has been imposed but
overturned on appeal. (3) The
provision conferring the power need not secure the result in
sub-paragraph (1) in cases where the relevant authority considers that
it would be inappropriate to do
so. Compliance with
regulatory principles 23 A
relevant national authority may not make any provision conferring power
on an administrator to impose a civil sanction in relation to a breach
of regulations under this Schedule unless the authority is satisfied
that the administrator will act in accordance with the principles
that— (a) regulatory
activities should be carried out in a way that is transparent,
accountable, proportionate and consistent;
(b) regulatory activities should be targeted only at
cases in which action is
needed. Review 24
(1) A relevant national authority must in accordance with this
paragraph review the operation of any provision made by the authority
conferring power on an administrator to impose a civil sanction in
relation to a breach of regulations under this
Schedule. (2) The review must
take place as soon as practicable after the end of the period of three
years beginning with the day on which the provision comes into
force. (3) The review must in
particular consider whether the provision has implemented its
objectives efficiently and
effectively. (4) In conducting
a review under this paragraph the relevant national authority must
consult such persons as the authority considers
appropriate. (5) The relevant
national authority must publish the results of a review under this
section. (6) The relevant
national authority must lay a copy of a review under this paragraph
before— (a) Parliament
(where the relevant national authority is the Secretary of
State); (b) the National
Assembly for Wales (where the relevant national authority is the Welsh
Ministers); (c) the Northern
Ireland Assembly (where the relevant national authority is the
Department of the Environment in Northern
Ireland). Suspension 25
(1) Where provision has been made by a relevant national authority
conferring power on an administrator to impose a civil sanction in
relation to a breach of regulations under this Schedule, the authority
may direct the
administrator— (a) where
the power is power to impose a fixed monetary penalty, not to serve any
further notice of intent referred to in paragraph 11(1)(a) in relation
to a breach of that kind,
and (b) where the power is
power to impose a discretionary requirement, not to serve any further
notice of intent referred to in paragraph 13(1)(a) in relation to a
breach of that kind. (2) The
relevant national authority may only give a direction under
sub-paragraph (1) in relation to a breach of regulations under this
Schedule if it is satisfied that the administrator has failed on more
than one occasion— (a)
to comply with any duty imposed on it under or by virtue of this
Schedule in relation to a breach of that
kind, (b) to act in accordance
with the guidance it has published in relation to a breach of that kind
(in particular, the guidance published under paragraph 21),
or (c) to act in accordance
with the principles referred to in paragraph 23 or with other
principles of best practice in relation to the enforcement of a breach
of that kind. (3) The relevant
national authority may by direction revoke a direction given by it
under sub-paragraph (1) if satisfied that the administrator has taken
the appropriate steps to remedy the failure to which that direction
related. (4) Before giving a
direction under sub-paragraph (1) or (3) the relevant national
authority must
consult— (a) the
administrator, and (b) such
other persons as the authority considers
appropriate. (5) Where the
relevant national authority gives a direction under this section, the
authority must lay a copy
before— (a) Parliament
(where the relevant national authority is the Secretary of
State);
(b) the National Assembly for Wales (where the
relevant national authority is the Welsh
Ministers); (c) the Northern
Ireland Assembly (where the relevant national authority is the
Department of the Environment in Northern
Ireland). (6) Where the
relevant national authority gives a direction under this section, the
administrator must— (a)
publish the direction in such manner as the authority thinks fit,
and (b) take such other steps
as the administrator thinks fit or the authority may require to bring
the direction to the attention of other persons likely to be affected
by it. Payment of penalties
into Consolidated Fund 26
(1) Where pursuant to any provision made under this Schedule an
administrator
receives— (a) a fixed
monetary penalty, a variable monetary penalty or a non-compliance
penalty under paragraph 14, (b)
any interest or other financial penalty for late payment of such a
penalty, or (c) a sum paid in
discharge of liability to a fixed monetary penalty pursuant to
paragraph 11(1)(b), the
administrator must pay it into the relevant
Fund. (2) In sub-paragraph (1)
“relevant Fund”
means— (a) in a case
where the administrator has functions only in relation to Wales, the
Welsh Consolidated Fund, (b) in
a case where the administrator has functions only in relation to
Northern Ireland, the Northern Ireland Consolidated Fund,
and (c) in any other case, the
Consolidated
Fund. Part
3 Procedures
applying to regulations 27 (1) This
paragraph applies in relation to an instrument containing regulations
under this Schedule made by a single national
authority. (2) Where the
instrument contains regulations
that— (a) are to be made
by the Secretary of State,
and (b) are subject to
affirmative resolution
procedure, the regulations must
not be made unless a draft of the statutory instrument containing them
has been laid before and approved by a resolution of each House of
Parliament. (3) Where the
instrument contains regulations
that— (a) are to be made
by a national authority other than the Secretary of State,
and (b) are subject to
affirmative resolution
procedure, the regulations must
not be made unless a draft of the statutory instrument containing them
has been laid before and approved by a resolution of the relevant
devolved legislature. (4) An
instrument containing regulations made by the Secretary of State that
are subject to negative resolution procedure is subject to annulment in
pursuance of a resolution of either House of
Parliament. (5) An instrument
containing regulations made by the Welsh Ministers that are subject to
negative resolution procedure is subject to annulment in pursuance of a
resolution of the National Assembly for
Wales. (6) An instrument
containing regulations made by the Department of the Environment in
Northern Ireland that are subject to negative resolution procedure is
subject to negative resolution within the meaning of section 41(6) of
the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it
were a statutory instrument within the meaning of that
Act. (7) Any provision that may
be made by regulations subject to negative resolution procedure may be
made by regulations subject to affirmative resolution
procedure.
Regulations made by two or more national
authorities 28 (1) This
paragraph applies in relation to an instrument containing regulations
under this Schedule made or to be made by any two or more
of— (a) the Secretary of
State, (b) the Welsh Ministers,
and (c) the Department of the
Environment in Northern
Ireland. (2) If any of the
regulations are subject to affirmative resolution procedure, all of
them are subject to that
procedure. (3) Sub-paragraphs
(2) to (6) of paragraph 27 apply to the instrument as they apply to an
instrument containing regulations made by a single national
authority. (4) If in accordance
with that paragraph— (a)
either House of Parliament resolves that an address be presented to Her
Majesty praying that an instrument containing regulations made by the
Secretary of State be annulled,
or (b) a devolved legislature
resolves that an instrument containing regulations made by a national
authority be annulled, nothing
further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the
instrument. (5) This is without
prejudice to the validity of anything previously done under the
instrument or to the making of a new
instrument. (6) This paragraph
applies in place of provision made by any other enactment about the
effect of such a
resolution. Hybrid
instruments 29 If a draft
of an instrument containing regulations under this Schedule would,
apart from this paragraph, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid instrument, it is to
proceed in that House as if it were not such an
instrument.’.—[Mr.
Woolas.] Brought
up, read the First and Second time, and added to the
Bill. Clause
81 ordered to stand part of the
Bill.
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