1 Introduction |
1. The draft Legislative Reform (Local Authority
Consent Requirements) (England and Wales) Order 2007 was laid
before Parliament on 25 July 2007 under s14(1) of the LRRA 2006.
An explanatory document by the Department for Communities and
Local Government (DCLG) was laid with the draft Order in accordance
with that section.
2. Section 15(1) of the LRRA 2006 requires the Minister
to make a recommendation as to which of three possible procedures
should apply in relation to the making of the Order. The Minister
recommended that the draft Order should proceed under the affirmative
resolution procedure. In his view the degree of scrutiny required
was greater than that available under the negative resolution
procedure because the proposal affected the functions and powers
of local authorities including, to a limited extent, the expenditure
of public money and because it involved legislation and policy
responsibilities of more than one Government Department and of
the Government of Wales. The Minister considered that there was
little justification for invoking the super-affirmative procedure
because in his view none of the matters in the draft Order were
controversial, or of wider political or public importance.
3. However, the House of Lords Committee on Delegated
Powers and Regulatory Reform examined the draft Order and, within
the 30-day period referred to in s15, recommended that the super-affirmative
procedure should apply. The House of Lords did not by resolution
reject that recommendation within that period and so, in accordance
with s15(4), the super-affirmative procedure applies.
4. We have examined the draft Order in accordance
with Standing Order No. 141(3) and recommend under 141(5) that
the draft Order should be proceeded with in the terms of the draft.
2 Explanatory Document para 1.2 Back