Select Committee on Delegated Powers and Deregulation Tenth Report


24 MARCH 1999

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 contains one delegated power. Clause 4(3) allows the Secretary of State to make by order transitional provision about the entitlement of holders of hereditary peerages to vote at elections to the House of Commons or the European Parliament. An order may modify any enactment and is subject to negative procedure. The reason for the transitional provision is set out in the Cabinet Office's memorandum, printed with this report. Since the right to vote is conferred by clause 2 the Committee considers it appropriate that any transitional arrangements should be left to subordinate legislation. The Committee also considers the level of Parliamentary control appropriate.

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


3.  This "private member's" bill contains one delegated legislative power. Clause 2 inserts in the Further and Higher Education (Scotland) Act 1992 a new section establishing the "Saltire Scholarship Award" for Scottish students admitted to a course of higher education by a higher education institution in the United Kingdom. Subsection (7) of the new section provides that an Award is redeemable against the fifth year of a course "with such exceptions as the Secretary of State may determine by order". Section 60 of the 1992 Act would make an order subject to negative procedure.

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


5.  This bill contains no delegated legislative powers.[1]

1  This report is also published on the Internet at the House of Lords Select Committees Home Page (http:/, where further information about the work of the Committee is also available. Back

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