1. It has been bought to our attention that the Delegated Powers and Regulatory Reform Committee consider that the drafting of the Planning and Energy Bill gives rise to a new regulation-making power. I am writing to you to clarify our intentions in respect of this Bill.
2. The Committee Clerk has advised that Clause 1(2)(a) creates a delegated power to make regulations but because of the way it plays with Clause 1(1)(c) and 1(3)(a) does not do so correctly. Our intention here was not to create a new power but to refer to regulation-making powers contained in other legislation. The drafting of the reference is unfortunately not clear enough, and we intend to explain at Lords Second Reading how we will put this right. We will ensure that an amendment which addresses your Committee's concerns is laid for consideration at the Bill's Committee stage.
3. We have discussed with Parliamentary Counsel, and although we do not yet have final drafting for the amendment, we expect that it will involve the insertion of the words "by or under any other enactment" or similar, after "regulations made by the appropriate national authority". We will write to you again when we have the final draft.
4. Caroline Flint has spoken to Michael Fallon. He is content with this approach and I am copying this letter to him.
