Select Committee on Delegated Powers and Deregulation Second Report



SECOND REPORT

9 December 1998

  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.


DRAFT DEREGULATION (PIPE-LINES) ORDER 1999

  1.  The Deregulation and Contracting Out Act 1994 provides a two-stage process for the parliamentary scrutiny of deregulation orders. A document containing the proposal is laid under section 3(3) of the Act in the form of a draft of the order, together with explanatory material; and we and the Commons equivalent committee have 60 days in which to consider and report on it. The Government then lay under section 1(4) of the Act a draft order, either in its original form or amended to take account of the two committees' views, for approval by resolution of each House. In the Lords a motion to approve a draft order can only be moved after we have made a second report on it.[1]

  2.  The proposal for the draft Deregulation (Pipe-lines) Order was laid under section 3(3) of the 1994 Act on 15 June 1998. We reported on the proposal in our 30th report of last session, dated 30 July 1998.[2] The proposal was acceptable to us in the form in which it was laid, without amendment.

  3.  The House of Commons Deregulation Committee asked for two amendments to be made to the draft Order. The first amendment related to the written representations procedure and the second to the diversion of pipes authorised by the Secretary of State but not constructed. Both these amendments, to which this Committee has no objection, have been made. In addition, two further amendments have been made. These are outlined in paragraphs 10 and 11 of the Statement by the Secretary of State for Trade and Industry. The Committee agrees with the Department that these amendments are "merely technical and not substantive in nature".[3]

  4.   The Committee reports that the draft order is in a form satisfactory to be submitted to the House for affirmative resolution.

  5.  We are required by our terms of reference to perform, in respect of documents and orders laid under section 1(4) of the 1994 Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments. The Committee has concluded that there is nothing in the draft order which the Joint Committee would have needed to draw to the attention of each House.[4]


1  Standing Order 70(1)(b). Back
2  HL Paper 141, session 1997-98. Back
3  Statement by the Secretary of State for Trade and Industry, paragraph 12. Back
4  This report is also published on the Internet at the House of Lords Select Committees Home Page (http://www.parliament.uk), where further information about the work of the Committee is also available. Back

 
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