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LORDS AMENDMENT

286

Before Schedule 7, insert the following new schedule--

("SCHEDULE
Procedure for subordinate legislation
General provision

1.--(1) Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.
(2) This paragraph is subject to paragraphs 3 and 4.
Provision of the Act Type of procedure
Section 2(1) Type C
Section 11(1) Type C
Section 14 Type D
Section 17(5) Type J
Section 29 Type A
Section 33 Type I
Section 36 Type J
Section 52(2) Type G
Section 54 Type I
Section 56 Type G
Section 58 Type G
Section 59 Type A
Section 61(5) Type K
Section 64(3) Type E
Section 67(4B) Type K
Section 75 Type E
Section 83 Type I
Section 84 Type F
Section 85 Type F
Section (Agency arrangements) Type H
Section (Assistance for opposition parties) Type A
Section 92 Type G
Section 94(3)(a) and (b) Type I
Section 95 Type G
Section 96 Type G
Section 97 Type G
Section 98 Type A
Section (Agreed redistribution of property and liabilities) Type H
Section 99(1) Type C
Section 99(2) Type I
Section 100 Type A
Section 104(9) Type G
Section (Modification of sections 88 and 105 to 109)(1) Type G
Section 112(2) Type B
Section 112(7) Type H
Section 115(3) Type G
Schedule 2, paragraph 2 Type G
Schedule 2, paragraph 7 Type H

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Notes
The entry for section 54 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.
The entry for section 75, in relation to an instrument containing an order which makes only such provision as is mentioned in section 75(3), is to be read as referring to type K instead of type E.
Types of procedure

2. The types of procedure referred to in this Schedule are--
Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument--
(a) has been laid before, and approved by resolution of, each House of Parliament, and
(b) has been laid before, and approved by resolution of, the Parliament.
Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.
Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of--
(a) a resolution of either House, or
(b) a resolution of the Parliament.

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Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
Type H: The instrument containing the legislation shall be subject to annulment in pursuance of--
(a) a resolution of either House of Parliament, or
(b) a resolution of the Parliament.
Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.
Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.
Special cases

3.--(1) This paragraph applies if--
(a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
(b) the legislation contains provisions which add to, replace or omit any part of the text of an Act (including this Act).
(2) Where this paragraph applies--
(a) instead of the type F procedure, the type A procedure shall apply,
(b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
(c) instead of the type H procedure, the type A procedure shall apply,
(d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
(e) instead of the type K procedure, the type E procedure shall apply.
4. If legislation under section 115(3) makes provision as mentioned in section 101(B1) then, instead of the type G procedure, the type D procedure shall apply.
5.--(1) An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.
(2) An instrument containing an Order in Council under section 84 or 85 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.").
The Commons agreed to Lords Amendment No. 286, with the following amendment--
286A

In paragraph 3(1)(b) of the Amendment, leave out ("(including this Act)").

Lord Sewel: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 286A to Lords Amendment No. 286. It all finishes with a whimper! It should not be me standing here--it should be my noble friend Lady Ramsay of Cartvale--because the words I shall use in relation to this amendment are quite simply that it is a minor and technical amendment. I beg to move.

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Moved, That the House do agree with the Commons in their Amendment No. 286A to Lords Amendment No. 286.--(Lord Sewel.)

Lord Mackay of Drumadoon: My Lords, had the noble Baroness, Lady Ramsay, been in her place, I am sure she would have used the words, "This is a technical and drafting amendment". It is entirely that and, in the spirit of consensus which we wish to pervade the Scotland Bill and the Scottish parliament in the future, we welcome the amendment.

On Question, Motion agreed to.

Northern Ireland Bill

7.45 p.m.

Read a third time.

Clause 6 [Legislative competence]:

The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Dubs) moved Amendment No. 1:


Page 3, line 39, leave out ("the Parliament of the United Kingdom") and insert ("Parliament").

The noble Lord said: My Lords, we have burdened the House with a great many amendments in the course of the proceedings on this Bill. I indicated that we would do so at the outset of our deliberations. This is not an ordinary Bill; nor has it been prepared in an ordinary timescale. The motivation for our main amendments has been to respond to points expressed in debate, here and in another place. and to those made to us by the parties in Northern Ireland which will have to operate the mechanisms we are setting up. I hope it will be agreed that we are right to be responsive in this way. We have also had to make a large number of adjustments to the technical workings of the Bill, but I hope that that will be thought right, too, because technical flaws could interfere seriously with the smooth operation of the novel institutions for which the Bill provides.

Your Lordships have shown great forbearance. We have only a few more amendments this evening. All of them are technical with the exception of some further reinforcement of the safeguards for audit standards in the devolved institutions, which I hope will be welcome to your Lordships.

I turn specifically to Amendment No. 1. It is purely a drafting amendment to align the practice in referring to Acts of Parliament with that elsewhere in the Bill. I beg to move.

On Question, amendment agreed to.

Clause 7 [Entrenched enactments]:

Lord Dubs moved Amendment No. 2:


Page 4, leave out lines 6 and 7 and insert--
("(c) section 43(1) to (6) and (8), section 67, sections 84 to 86, section 95(3) and (4) and section 98.").

The noble Lord said: My Lords, Amendments Nos. 2 and 29, with which it is grouped, are technical. They represent a final tidying up of the arrangements by

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which the Assembly is prevented from encroaching on the main elements of the Bill, either by the subject matter of clauses being made an excepted matter or by the text of the clauses being entrenched under Clause 7; that is, protected against modification by the Assembly. I beg to move.

On Question, amendment agreed to.


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