Select Committee on Delegated Powers and Regulatory Reform Twelfth Report


The Committee reported on this bill in our 1st Report of this Session.[3] We made recommendations in respect of three issues:

  • that the bill provide expressly that regulations under clauses 17, 29, 33, 50, 70, 82 and 85 should secure an obligatory advertising and representations procedure;
  • that the bill provide for an obligatory consultation procedure in relation to special occasions orders made under clause 169; and
  • that the House should have a mechanism to enable it to debate guidance to licensing authorities issued under clause 177.

The Government have brought forward a number of amendments, for consideration at Report stage of the bill, which address the Committee's recommendations. We welcome these amendments.


We reported on this bill in our 11th Report of this Session.[4] The Government has now submitted a response, which is printed at Annex 4 to this Report. We welcome the Government's agreement with our recommendation in respect of clause 4; and if the House accepts the delegation of power under Part 2, we also welcome the decision to apply the affirmative resolution procedure to the exercise of those powers.

The Committee does not consider that the Government's response resolves the issue whether the matters in clause 16(1)(d) and (g) and 20 are suitable for subordinate legislation, for the following reasons:

(i)  though matters of incapacity and disqualification are dealt with to a limited extent in regulations, the main provisions are set out in section 8 of the European Parliamentary Elections Act 2002, read with the relevant provisions of the Representation of the People Act 1983;

(ii)  clause 16 is not limited to making for Gibraltar provision which corresponds to that for the UK; indeed, clause 16(3) is expressed to be without prejudice to the generality of clause 16(1);

(iii)  though an order under the House of Commons Disqualification Act 1975 may disqualify from membership, an order under section 10(2)(d) of the 2002 Act can only remove, not impose, a disqualification.

It is, however, for the House to decide if it wants to resolve this issue on this occasion.


This bill contains no delegated powers.

3   HL Paper 9. Back

4   HL Paper 31. Back

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