Third Report Contents

Clause 17(5): power to make transitional provision

(i) Effect

79.Ministers may, by regulations under clause 17(5), make transitional, transitory or saving provision in connection with the coming into force of provisions of the Bill or the appointment of exit day.

80.The effect of paragraph 10 of Schedule 7 is that the Minister decides for each set of regulations made under clause 17(5) whether it is to be made without any parliamentary procedure (including without any requirement for laying before Parliament), or whether it should be subject to parliamentary scrutiny and, if so, whether the negative or affirmative procedure applies.

(ii) Concerns

81.The delegated powers memorandum explains that, while powers to make transitional provision in connection with commencement are commonly not subject to any parliamentary procedure, the unique circumstances of the Bill warrant a different approach which allows for a higher level of scrutiny. But the memorandum does not explain why Ministers rather than Parliament should decide the appropriate level of parliamentary scrutiny in each case.

(iii) Recommendation

82.Regulations under clause 17(5) should be subject to the sifting mechanism set out at paragraph 107 below.

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