New clause 6 - Administration

Part of Housing Benefit (Withholding of Payment) Bill – in a Public Bill Committee at 4:45 pm on 11 July 2002.

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Photo of Edward O'Hara Edward O'Hara Labour, Knowsley South 4:45, 11 July 2002

With this we may discuss the following: Government new clause 7—Regulations—

'(1) Subject to subsection (6), in this Act ''prescribed'' means prescribed, or of a description prescribed, by regulations made by the Secretary of State.

(2) Any power to make regulations under this Act is exercisable by statutory instrument.

(3) Subsections (4) to (7) of section 189 of the Social Security Administration Act 1992 (c.5) (supplemental and incidental provision) apply in relation to the powers to make regulations conferred by this Act as they apply in relation to the powers to make regulations conferred by that Act.

(4) Subject to subsection (5), a statutory instrument containing regulations under this Act may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(5) Subsection (4) does not apply in the case of an instrument containing regulations under section (administration) only.

Such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In the application of section (administration) in relation to any court in Scotland, ''prescribed'' means—

(a) in relation to declarations under section (anti-social behaviour declarations: criminal proceedings), prescribed by the High Court of Justiciary by Act of Adjournal, and

(b) in relation to declarations under section (anti-social behaviour declarations: civil proceedings), prescribed by the Court of Session by Act of Sederunt.

(7) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court includes power to regulate—

(a) the manner in which the court must notify the Secretary of State of the fact that it has made, quashed or set aside a declaration under this Act, or varied the date or dates specified in such a declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), and

(b) the information which the court must give to the Secretary of State.

(8) Subsections (4) and (5) do not apply to Acts of Adjournal and Acts of Sederunt.'.

And the following amendments thereto: (a), leave out subsection (5).

(b), at end add—

'(9) Before making any regulations under this section the Secretary of State shall consult—

(a) organisations representing tenants,

(b) organisations representing landlords,

(c) organisations representing persons living in fuel poverty, and

(d) other such persons as he deems appropriate.'.