Select Committee on Regulatory Reform First Report

Appendix C

Letter from the Clerk of the Committee to the Department for Communities and Local Government

Thank you for your letter of 29 October, setting out the responses to the Committee's questions about the draft Order. There are a few areas where further clarification is required. As a consequence of timetable constraints, I should be grateful if you would let me have the information requested below by Tuesday 13 November at the latest.

General questions

1) (Reference Q1 in the letter of 17 October) In the light of the explanation given in response to our question 1, what thought has been given to revising paragraph 3 of the preamble to reflect the position more accurately? For example:

"Agreement has been given in accordance with section 11 of that Act( )."

together with a new footnote as follows:

"( )  By virtue of paragraph 39 of Schedule 11 to the Government of Wales Act 2006, the agreement of the National Assembly for Wales which was given on 27 March 2007 has effect as if it were the agreement of the Welsh Ministers.".

Overseas assistance

2) (Reference Q13b) Why was the Audit Commission, which is responsible for monitoring local authority expenditure, not consulted?

3) (Reference Answer to Q13b) What is the legal requirement that calls for the expenses on overseas assistance to be separately identified in the accounts and for those accounts to be available to the local electors?

4) (Reference Q15) The Committee is aware that Parliamentary Counsel drafts amendments to primary legislation, but looks to the Department for responses to all its questions. Accordingly, please endeavour to consult with Parliamentary Counsel and provide the explanation requested, noting that, as the relevant House of Lords Committee has caused the procedure to become super-affirmative, the option of recommending amendments to the order is available.


5) At what stage will the Department consider revising the footnotes and Explanatory Note as set out in the table to the Committee's letter of 17 October?

7 November 2007

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