Select Committee on Delegated Powers and Regulatory Reform Eighteenth Report



36.  The Committee reported on this bill in our 2nd and 14th Reports of this Session. The Committee has now been invited to comment on Government amendments to be taken at report stage. The Lord Chancellor's Department has provided a supplementary delegated powers memorandum which is printed at Annex 5 to this Report and which covers some of these amendments.


37.  There are relevant amendments to clauses 2, 4, 5, 10, 59, 68, 71, 75, 94, 97, 98 and 99. There is also a new clause after clause 15 which contains power to make rules and a new Schedule which relates to the new clause 4. Amendments made by a new clause (after clause 88) to the Proceeds of Crime Act 2002 enlarge the powers to make rules under that Act. Save for the comment made in paragraph 38 below in relation to the amendment to clause 71, we find the delegation and the level of scrutiny of the powers in each of these amendments to be appropriate.

38.  The amendment to clause 71 enables Family Procedure Rules to provide that matters for which the Rules could provide themselves may be the subject of directions. This amendment is not explained in the memorandum from the Lord Chancellor's Department. We think it likely that the "directions" in the amendment are a reference to practice directions under clause 76 of the bill, but we suggest that the House may wish to invite the Government to clarify what uses it is intended will be made of this power.


39.  Save for the suggestion for further explanation in paragraph 38 above, there is nothing in these amendments in respect of the delegated powers to which the Committee wishes to draw the attention of the House.


40.  The Committee reported on this bill in our 14th Report of this Session (HL Paper 76). The Government has responded positively to our recommendation and provided explanations to meet the points we raised. A copy of the Government's response is printed at Annex 6 to this Report.

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