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286
Before Schedule 7, insert the following new schedule--
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 |
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.
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.
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.
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.
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.
7.45 p.m.
Clause 6 [Legislative competence]:
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Dubs) moved Amendment No. 1:
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:
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
On Question, amendment agreed to.
Page 3, line 39, leave out ("the Parliament of the United Kingdom") and insert ("Parliament").
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.").
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