Clause 58
Regulatory Enforcement and Sanctions Bill [Lords]
9:45 am
Pat McFadden (Minister of State (Employment Relations and Postal Affairs), Department for Business, Enterprise & Regulatory Reform; Wolverhampton South East, Labour)
It is important to note the difference between subsections (1) and (2). Subsection (1) concerns the Lord Advocate and action in Scotland; subsection (2) concerns the powers of local authorities as regulators. The situation to which my hon. Friend refers already exists in some cases under the home authority principle. My hon. Friend the Member for Dundee, West is not with us this morning, but my understanding is that Dundee city council is a home authority that has four operations that operate throughout the UK. That situation is already provided for.
Under subsection (2), if a Minister proposes to make an order that affects the power of a regulator that is a local authority in Scotland, he would be required to consult Scottish Ministers, because they obviously have an interest in the function of local authorities in Scotland. For the avoidance of doubt, subsection (3) defines the term “local authority in Scotland”. We have set out the application of the Bill in terms of both reserved and devolved functions, but in this clause we also set out important procedural matters that respect the position of the Lord Advocate in Scotland.