Amendment proposed: No. 227, in clause 102, page 50, line 37, at end insert—
‘(3A) Before making rules, the OHPA shall respond to any representations made to them—
(a) if the rules affect the profession regulated by the Medical Act 1983, by the General Medical Council, and
(b) if the rules affect the professional regulated by the Opticians Act 1989, by the General Optical Council.’.—[Mr. O'Brien.]
The amendment would leave out subsections pertaining to the Privy Council and is a probing amendment on the role and activity of the Privy Council, a point mentioned already. The memorandum on delegated legislation notes that Privy Council approval enables the detailed scrutiny that is required from these rules and regulations. Will the Minister detail how that scrutiny will work in practice and, in particular, how the regulatory bodies can influence that scrutiny? While the memorandum notes that this mechanism of delegated legislation has been selected to ensure consistency with the rule-making powers of all the regulatory bodies, we are dealing with a slightly different case here as this is a new body being established by the Government and somewhat distinct from the grass roots of the profession.
The proposal simply replicates the current arrangements for the rule-making powers of other regulators, such as the GMC or the General Optical Council. The advantage of Privy Council approval is that it can then lay Orders in Council before Parliament, thus ensuring parliamentary scrutiny. It can also vary the rules and draft to ensure that they are legally correct.