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Lord Hardie moved Amendment No. 292XNA:


After Clause 110, insert the following new clause--

Modification of sections 105 to 109

(".--(1) Subordinate legislation may provide for any provision of sections 105 to 109 not to apply, or to apply with modifications, in such cases as the person making the legislation considers appropriate.
(2) Subordinate legislation made by Her Majesty in Council or a Minister of the Crown under this Act may, in connection with any other provision made by the legislation, also provide for any provision of sections 105 to 109 not to apply, or to apply with modifications.").

On Question, amendment agreed to.

Clause 111 agreed to.

Lord Hardie moved Amendment No. 292YNA:


Before Schedule 7, insert the following new schedule--

("SCHEDULE
Procedure for subordinate legislation
General provision

1.--(1) Subordinate legislation (or a statutory instrument containing it) under a provision listed in the left-hand column is subject to the type of procedure in the right-hand column.
(2) This paragraph is subject to paragraphs 3 and 4.
Provision of the ActType of procedure
Section 2(1) Type C
Section 11(1) Type C
Section 14 Type D
Section 17(5) Type J
Section 29 Type A
Section 33 Type I
Section 36 Type J
Section 54 Type I
Section 56 Type G
Section 58 Type G
Section 59 Type A
Section 61(5) Type K
Section 64(3) Type E
Section 75 Type E
Section 83 Type I
Section 84 Type F
Section 85 Type F
Section 92 Type G
Section 94(3)(a) and (b) Type I
Section 95 Type G
Section 96 Type G
Section 97 Type G
Section 98 Type A
Section (Agreed redistribution of property and liabilities) Type H
Section 99(1) Type C
Section 99(2) Type I
Section 100 Type A
Section 104(9) Type G
Section (Modification of sections 105 to 109)(1) Type G
Section 112(2) Type B
Section 112(7) Type H
Section 115(3) Type G
Schedule 2, paragraph 2 Type G
Schedule 2, paragraph 7 Type H

8 Oct 1998 : Column 648


Notes
The entry for section 54 does not apply to an instrument containing an order merely revoking an order under subsection (1) of that section.
The entry for section 75, in relation to an instrument containing an order which makes only such provision as is mentioned in section 75(3), is to be read as referring to type K instead of type E.
Types of procedure

2. The types of procedure referred to in this Schedule are--
Type A: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument--
(a) has been laid before, and approved by resolution of, each House of Parliament, and
(b) has been laid before, and approved by resolution of, the Parliament.
Type B: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type C: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Type D: No recommendation to make the legislation is to be made to Her Majesty in Council unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
Type E: No Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, the House of Commons.
Type F: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament and of the Parliament, shall be subject to annulment in pursuance of--
(a) a resolution of either House, or
(b) a resolution of the Parliament.

8 Oct 1998 : Column 649


Type G: The instrument containing the legislation, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
Type H: The instrument containing the legislation shall be subject to annulment in pursuance of--
(a) a resolution of either House of Parliament, or
(b) a resolution of the Parliament.
Type I: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Type J: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the Parliament.
Type K: The instrument containing the legislation shall be subject to annulment in pursuance of a resolution of the House of Commons.
Special cases

3.--(1) This paragraph applies if--
(a) the instrument containing the legislation would, apart from this paragraph, be subject to the type F, G, H, I or K procedure, and
(b) the legislation contains provisions which add to, replace or omit any part of the text of an Act (including this Act).
(2) Where this paragraph applies--
(a) instead of the type F procedure, the type A procedure shall apply,
(b) instead of the type G procedure, the type B or (as the case may be) C procedure shall apply,
(c) instead of the type H procedure, the type A procedure shall apply,
(d) instead of the type I procedure, the type B or (as the case may be) C procedure shall apply,
(e) instead of the type K procedure, the type E procedure shall apply.
4. If legislation under section 115(3) makes provision as mentioned in section 101(B1) then, instead of the type G procedure, the type D procedure shall apply.
5.--(1) An instrument containing an Order in Council or order under an open power which revokes, amends or re-enacts subordinate legislation under an open power may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original legislation was subject.
(2) An instrument containing an Order in Council under section 84 or 85 which revokes, amends or re-enacts an Order under either section may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under this Schedule from the procedure to which the instrument containing the original Order was subject.").

On Question, amendment agreed to.

Schedule 7 [Modifications of enactments]:

Lord Hardie moved Amendment No. 292ZNA:


Page 90, line 12, at end insert--
("( ) In section 38(2) (interpretation)--
(a) in the definition of "His Majesty's aircraft", after "Kingdom" there is inserted "or the Scottish Administration",
(b) in the definition of "His Majesty's ships", after "Kingdom" there is inserted "or the Scottish Administration" and after "said Government" there is inserted "or Administration", and
(c) in the definition of "officer", after "Minister of the Crown" there is inserted "and a member of the Scottish Executive".

8 Oct 1998 : Column 650

( ) In section 40 (savings)--
(a) in subsection (2), after "in the United Kingdom", in each place where those words occur, there is inserted "or the Scottish Administration", and
(b) after subsection (3) there is inserted--
"(3A) A certificate of the Scottish Ministers to the effect that--
(a) any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration,
(b) any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration,
shall, for the purposes of this Act, be conclusive as to that matter."").

The noble and learned Lord said: In moving Amendment No. 292ZNA I should like to speak also to Amendment No. 292NB. Amendment No. 292ZNA makes certain amendments to the Crown Proceedings Act 1947 which are consequential on the creation of the Scottish administration. The first part of the amendment deals with the interpretation provisions in Section 38(2). It ensures that the definition of Her Majesty's ships and aircraft covers those ships and aircraft which may belong to Her Majesty in right of the Scottish administration as well as in right of the UK Government. It also provides that a member of the Scottish executive is an officer in relation to the Crown for the purposes of the Act which puts him in the same position as a Minister of the Crown in the UK Government.

The second part of the amendment deals with Section 40 and ensures that it applies Crown liabilities and proceedings in respect of the Scottish administration in the same way that it applies to such liabilities and proceedings in respect of the UK Government. The final part of the amendment ensures that Scottish ministers can certify that liabilities of the Crown or proceedings against the Crown are otherwise in the right of the Scottish administration. This ensures that they can make similar provision to the Secretary of State who can certify in respect of Her Majesty's Government.

Amendment No. 292NB amends Section 46 of the Civil Jurisdiction and Judgments Act 1982 which makes provisions about the domicile and seat of the Crown for civil jurisdiction purposes. Amendment No. 292NB provides that the Crown in right of the Scottish administration has its seat in, and in every place in, Scotland and makes a consequential amendment to subsection (7) adding a reference to the Scottish administration.

The Government consider it necessary that these amendments should be made on the face of the Bill rather than under clause 96 because they make clear the status which we intend the Scottish administration should have: a part of the Crown separate and distinct from the UK Government, in effect Her Majesty's Government in Scotland in relation to devolved matters. I ask noble Lords to support these amendments. I beg to move.


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