Select Committee on Delegated Powers and Deregulation Fifth Report


  15 October 1997

  By the Select Committee appointed to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny; to report on documents laid before Parliament under section 3(3) of the Deregulation and Contracting Out Act 1994 and on draft orders laid under section 1(4) of that Act; and to perform, in respect of such documents and orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments.


  1.    This bill, certified by the Speaker as a money bill, provides for the alteration of salaries payable under the Ministerial and other Salaries Act 1975.

  2.    There is only one delegated power in the bill, and this is a Henry VIII power. That is in the new section 1B to be inserted in the 1975 Act by clause 1(2). This allows further alteration of salaries by an Order in Council and one of the provisions that may be included in such an Order is an amendment to the bill (section 1B(3)(b)). Any order under section 1A is subject to affirmative procedure, which the Committee considers appropriate (if the draft is concerned only with the Speaker's salary, the approval of the Commons only is required).

  3.    There is nothing in the bill which the Committee wishes to draw to the attention of the House.


  4.    This Private Member's bill introduced by the Earl of Iveagh provides for the acquisition of British citizenship by persons having connections with St Helena.

  5.    There is the simplest commencement power in clause 5(2) and clause 4(2) attracts a power to make regulations (under section 41 of the British Nationality Act 1981).

  6.    There is nothing in the bill which the Committee wishes to draw to the attention of the House.


  7.    There are no delegated legislative powers in this bill.

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Prepared 16 October 1997