Clause 28
11:00 am
John Healey (Minister of State (Local Government), Department for Communities and Local Government; Wentworth, Labour)
The clause is a standard but important element of the Bill. It creates regulation-making powers for the Secretary of State and for Welsh Ministers who can, in appropriate circumstances, amend both primary and secondary legislation. We anticipate that the power will need to be exercised only in relation to secondary legislation, as we have already made provision in the Bill to make amendments to primary legislation that we have identified will be necessary for the introduction and operation of a BRS.
Such provisions are fairly standard legislative practice, simply because it cannot be ruled out that there will be provisions in primary legislation which will need amending. Similar provisions exist in section 237 of the Planning Act 2008, in section 145 of the Pensions Act 2008 and in section 167 of the Health and Social Care Act 2008. Any regulations made under clause 28 will, if they amend primary legislation, be subject to the affirmative procedure, and regulations amending secondary legislation will be subject to the negative procedure.