Part of the debate – in the House of Lords at 9:26 pm on 10 September 2003.
Baroness Symons of Vernham Dean
Minister of State (Middle East), Foreign & Commonwealth Office, Minister of State (Middle East), Deputy Leader of the House of Lords
9:26,
10 September 2003
moved Amendment No. 1:
Page 2, line 16, leave out from "instrument" to the end of line 17 and insert—
"(5A) Regulations may not be made under this section unless a draft has been laid before and approved by a resolution of each House of Parliament.
(5B) But, in the case of regulations other than the first set of regulations under this section, subsection (5A) does not apply if it appears to the Secretary of State that by reason of urgency they should be made without being approved in draft.
(5C) Where by virtue of subsection (5B) regulations are made without being approved in draft, the regulations—
(a) must be laid before Parliament, and
(b) cease to have effect at the end of the period mentioned in subsection (5D) unless they are approved during that period by resolution of each House of Parliament.
(5D) The period referred to in subsection (5C)(b) is the period of 40 days—
(a) beginning with the day on which the regulations are made, and
(b) ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(5E) The fact that regulations cease to have effect by virtue of subsection (5C)—
(a) does not affect the lawfulness of anything done before the regulations cease to have effect, and
(b) does not prevent the making of new regulations."
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
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