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Clause 45 - Regulations and orders

Part of Pensions Bill – in a Public Bill Committee at 4:00 pm on 11th July 2013.

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Photo of Steve Webb Steve Webb The Minister of State, Department for Work and Pensions 4:00 pm, 11th July 2013

I am delighted that the hon. Gentleman is getting into the groove of the debate. Just in case the Committee missed that, the first set of regulations under clause 20 will be subject to the affirmative procedure because the basic issue is important, but minor changes thereafter need not be debated. Orders under clause 44— the Henry VIII power that we discussed a moment ago—and regulations under schedule 16 for automatic transfers will be subject to the affirmative procedure because of the amount of detail that is left to the regulations.

I would like to clarify something that I said in an earlier debate. I said that Parliament would debate the protected persons regulations, but they are actually subject to the negative resolution procedure. I apologise if I gave an inaccurate impression about that. As with all statutory instruments subject to the negative procedure, if the House wishes to debate those things, the usual process of prayer against a regulation will trigger a debate. I am happy to give the assurance that if we lay those regulations and they are prayed against, we will use our good offices to ensure that such a debate takes place.

I hope that that is helpful in clarifying the thinking behind which secondary legislation will be subject to the affirmative procedure, and which to the more standard negative procedure.