Clause 26 - Power to make orders, rules and schemes
Legislative and Regulatory Reform Bill
1:45 pm
Jim Murphy (Parliamentary Under-Secretary, Cabinet Office; East Renfrewshire, Labour)
Sir Nicholas, what is it about? I have already offered to supply an explanatory memorandum. Obviously, all members of the Committee have followed every detail of the specific clauses under part 3, but those hon. Members who have not had the benefit of serving on the Committee might not have so acquainted themselves.
As for rules, regulations, orders and schemes, paragraph 1500 in volume 6 of “Halsbury’s Laws of England” states that the
“contents of rules, regulations and orders are, in fact, often indistinguishable in nature”.
If that were the case under English law, to put it flippantly it is mostly the case in some aspects of European law. I reassure the hon. Gentleman that the provision will not affect policy made in Europe or what can be legislated for in Europe. It will not lead to more regulation from Europe but, when we have already agreed to European legislation, clause 26 will help to streamline the process of transposing those EC obligations into United Kingdom legislation.
I shall illustrate matters further to inform and enlighten the Committee. As a general rule, it is possible for statutory instruments of the same type—two orders or two sets of regulations—that are subject to the same parliamentary procedure, both affirmative resolution for example, to be combined into a single instrument to avoid having to make two separate statutory instruments. Section 2(2) of the European Communities Act 1972 provides a power to implement European Community obligations into UK law by statutory instrument.
When a Minister is exercising the power to implement Community obligations, he can in general currently do so only by making regulations, not other types of secondary legislation. Regulations made under the power of section 2(2) of the 1972 Act can be combined into a single instrument with regulations made under the power in another Act, but cannot be combined with another type of statutory instrument such as orders, rules or schemes. Instead, two separate instruments would have to be made even if they were intended to create a single, seamless regulatory framework governing one particular area.
If the clause were not in place, the people being regulated would need to refer to both instruments. It is much more convenient and accessible to include all the provisions that made up a single regime or cover a particular area in one instrument in such a manner. The clause addresses the problem. It provides that the power under section 2(2) of the European Communities Act can be exercised by a Minister making orders, rules or schemes as well as regulations. The clause sets out the procedure.