Select Committee on Delegated Powers and Deregulation Twenty-Fourth Report



21. The Committee reported (in its 3rd report of this session)[1] on this bill when it was before this House in January. The bill has since been amended in the Commons and the Department for Education and Employment has submitted to the Committee a Memorandum which is printed in Annex 2 to this Report; that Memorandum identifies those amendments made in the Commons which contain delegated legislative powers and provides a commentary on each.


22. The timetable requires the Committee to respond immediately. Fortunately the Memorandum gives a full account of the amendments and there is no need for the Committee to add to it. The Committee sees all the powers as appropriately delegated and subject to the appropriate Parliamentary control. The Committee wishes to draw the attention of the House, however, to the significant power, subject to negative resolution procedure, in the new section 483A inserted into the Education Act 1996 by Clause 126 of the Bill. This power, outlined in paragraph 10 of the Department's Memorandum, relates to provision for children with statements of special educational needs by City Technology Colleges, City Colleges for Technology and Arts and future City Academies. The Committee noted that the policy in this area is still to be worked out, and it is therefore difficult to assess how the power would operate in practice, and whether the affirmative resolution procedure would be more appropriate for its first use. We took some comfort, however, from the fact that the Government intends to consult widely before making regulations under the power.

23. The Committee notes that all the powers conferred by the bill on the Secretary of State to make regulations or orders are to be subject to negative procedure with the exception of commencement orders and orders designating particular institutions (clause 132 and paragraph 23 of Schedule 9); we see these exceptions as appropriate.

1   HL Paper 23. Back

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