New Clause 17 - Combination of powers
Legislative and Regulatory Reform Bill
2:45 pm
Oliver Heald (Shadow Secretary of State for Constitutional Affairs & Shadow Chancellor of the Duchy of Lancaster (Assisted By Shadow Solicitor General), Constitutional Affairs; North East Hertfordshire, Conservative)
I have a question, but I shall have to set the scene to get to it because it concerns such a complicated provision. I understand that, under section 2(2) of the European Communities Act, Ministers can implement European Community instruments by regulations. Section 2(2) refers to powers exercisable by statutory instrument, either affirmative or negative.
New clause 17 inserts new paragraphs 2A, 2B and 2C. Paragraph 2A applies when the statutory instrument being used to implement an EC instrument is affirmative resolution procedure and when the statutory instrument also includes provisions made under powers granted under another Act. Irrespective of whether the powers under the second Act were exercisable by statutory instrument subject to affirmative or negative procedure, or by a statutory instrument that did not have to be laid before Parliament, the statutory instrument made under the powers of both Acts would be affirmative.