Select Committee on Delegated Powers and Regulatory Reform Twenty-First Report



24.  This is a private member's bill brought from the House of Commons. The Department for Transport has provided a memorandum on the delegated powers in the bill for the Committee. The memorandum is printed at Annex 5 to this Report.


25.  The bill inserts in the Merchant Shipping Act 1995 a new Schedule 3A which gives extensive power to the Secretary of State to give safety directions in respect of particular ships. These are not, in our view, legislative powers. They supersede the existing direction-giving powers in sections 100C to 100E and 137 to 141 of the Merchant Shipping Act 1995, which are repealed. There is a delegated legislative power at paragraph 18 of the new Schedule 3A. An Order in Council (subject to negative procedure) may provide for certain directions about risk of pollution to apply generally to non-UK ships in non-UK waters. We note that it is a Henry VIII power because transitional or consequential provision may include provision amending Acts of Parliament. The Committee considers that, because the subject matter is limited and because the bill reflects the existing position under section 141 of the 1995 Act, in this instance, the level of Parliamentary scrutiny is appropriate.


26.  There is nothing in the delegated powers in the bill to which the Committee wishes to draw the attention of the House.

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