Select Committee on Delegated Powers and Deregulation Second Report


18 June 1997

  By the Select Committee appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents laid before Parliament under section 3(3) of the Deregulation and Contracting Out Act 1994 and on draft orders laid under section 1(4) of that Act; and to perform, in respect of such documents and orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments.


  1.    This bill abolishes assisted places schemes subject to transitional arrangements for children already holding such places. Clause 3 enables the Secretary of State to make regulations in connection with the ending of assisted places in England and Wales. The powers are as wide as they could be for this purpose but there is a requirement for consultation (subsection (7)) and the regulations are subject to negative procedure (subsection (8)).

  2.    Clause 5 provides for the phasing out of assisted places in Scotland. Subsection (1)(e) extends an existing power to make regulations to take account of the changes made by the clause. The regulation making power is already subject to negative procedure. There is also a limited commencement power in clause 7(3)(b).

  3.    There is nothing in the Bill which the Committee wishes to draw to the attention of the House.


  4.    There are no delegated legislative powers in this bill.

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Prepared 19 June 1997