Clause 46 - Regulations and orders

Infrastructure Bill [Lords] – in a Public Bill Committee at 3:30 pm on 15th January 2015.

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Amendments made: 71, in clause 46, page 52, line 31, leave out “or”.

This amendment and amendment 72 make provision about the procedure applying to the powers to make amendments in secondary legislation conferred by amendment NC19.

Amendment 38, in clause 46, page 52, line 32, after “17” insert “, (Mayoral development orders)”.—(Mr Hayes.)

This amendment applies the affirmative procedure to regulations under the new clause in amendment NC8 where the regulations amend, repeal or modify the application of an Act.

Photo of John Hayes John Hayes Minister of State (Department for Transport)

I beg to move amendment 70, in clause 46, page 52, line 32, after “section 17” insert “(1)(a)”

This amendment provides that the negative procedure applies to regulations under clause 17(1)(b) where transitional or transitory provision or savings which modify the application of an Act are made in respect of Part 1.

I do not want to detain the Committee unduly. In essence, the amendment adjusts clause 46 in a manner that affects part 1 of the Bill only. It concerns the ability of the Secretary of State to make regulations under clause 17 that contain

“transitional or transitory provision or savings”

in connection with part 1. By far the most likely use of that power is in connection with the power to appoint Highways England as a strategic highways company by order under clause 1. The power will allow any procedures or processes initiated by the Highways Agency and which are incomplete at the point of transition to be transferred seamlessly to the new company, without interrupting important operational matters.

It is not our intention, given that the transitional provisions described above are routinely required where functions are passing from one body to another, to require a debate under the affirmative procedure for such regulations; that would be disproportionate. Accordingly, the amendment has been laid so as to ensure that transitional or transitory powers or savings made under clause 17(1)(b) attract the negative resolution procedure, even if they may be said to modify the effects of primary legislation. Consequential regulations, and other regulations under clause 17(1)(a), will continue to attract the affirmative resolution procedure where they revoke, amend or modify primary legislation.

Amendment 70 agreed to.

Amendment made: 72, in clause 46, page 52, line 33, at end insert “or

() regulations under section (The electronic communications code) which amend, repeal or modify the application of primary legislation within the meaning of that section,”.—(Mr Hayes.)

The explanatory statement for amendment 71 also applies to this amendment.

Clause 46, as amended, ordered to stand part of the Bill.