Clause 127 - Supplementary and consequential provision

Part of Adoption and Children Bill – in a Public Bill Committee at 3:00 pm on 17 January 2002.

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Photo of Jacqui Smith Jacqui Smith Minister of State, Department of Health 3:00, 17 January 2002

I beg to move amendment No. 262, in page 71, line 24, at end insert—

'( ) The power of the Registrar General to make regulations under Chapter 5 of Part 1 may, with the approval of the Chancellor of the Exchequer, be exercised so as to make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which the Registrar General considers necessary or expedient'.

Clause 127 deals with supplementary and consequential provision. Subsection (1) will enable the appropriate Minister to make such supplementary, incidental, consequential, transitional or saving provisions as he considers necessary to give full effect to the Bill. The amendment will insert a new subsection into the clause. Subsection (2) provides that any power of the Lord Chancellor, Secretary of State or Assembly may be exercised to make those supplementary, incidental, consequential, transitional or saving provisions, if necessary or expedient.

The amendment will extend that provision to give the Registrar-General identical supplementary powers to those of the Secretary of State when exercising any

of his chapter 5 powers, with the approval of the Chancellor of the Exchequer. If those powers are not provided for the Registrar-General, he will not be able to make incidental, transitional or saving provisions when new regulations are made or existing ones amended. To do that, he will need a power that may be exercised only with the approval of the Chancellor of the Exchequer and only if provision is necessary or expedient. One example is a provision in respect of the use or acceptance of a form by the Registrar-General's office before a certain date, such as the date when new regulations come into force.

I hope that hon. Members will accept that the amendment extends to the Registrar-General powers similar to those that exist for others who are responsible for making regulations, and that, on that basis, they will support it.

Amendment agreed to.

Clause 127, as amended, ordered to stand part of the Bill.