3 What the draft Order proposes |
9. The draft Order proposes an insertion to the Epping
Forest Act 1878, after section 52. The new section, 52A, contains
- section 52A (1) is comprised
of two paragraphs:
- paragraph (a) allows the Metropolitan
Police Authority to erect the MBDC on Wanstead Flats.
- paragraph (b) allows for the enclosure of an
area immediately surrounding the MBDC, provided that area does
not exceed 35,000 square metres.
- section 52A (2) specifies that
subsection (1) shall only apply from immediately after midnight
on 23 June 2012 to immediately before midnight on 20 September
2012 - a period of 90 days.
- section 52A (3) enables the Conservators of Epping
Forest to grant permission to the MPA to construct the MBDC.
In addition, Article 3 of the draft Order widens
the description of the term "Metropolitan Police Authority"
to cover any other body required by an Act to "secure the
maintenance of the metropolitan police force". This article
takes into account clause 3 of the Police Reform and Social Responsibility
Bill, which is currently being considered by the House of Lords.
Clause 3 would abolish the Metropolitan Police Authority and replace
it with a new body known as the Mayor's Office for Policing and
10. The draft Order is straightforward. It is a temporary
provision which the Government assert "constitute[s] no precedent".
After the 90 days enclosure provided in the draft Order, the provisions
of the 1878 Act will return into force.
11. The Epping Forest Act 1878 is a Private Act.
As a consequence, when the draft Order was laid, the Chairman
of Committees in the House of Lords judged it to be a hybrid instrument,
as it affects both public and specific private or local interests.
Therefore the draft Order has been subject to a 14-day petitioning
stage. It will be considered by a Hybrid Instruments Committee
in that House on 23 May.
There is no equivalent hybrid instruments procedure in this case
in the House of Commons. This stage in the House of Lords is additional
to the scrutiny conducted by us and the Delegated Powers and Regulatory
Reform Committee in the House of Lords. The draft Order cannot
have effect until it has been approved by both Houses of Parliament,
which will await the conclusions of the three committees.
9 ED, paragraph 3.7 Back