Select Committee on Regulatory Reform First Report

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.[2]

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

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Prepared 3 December 2007