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Lord Warner moved Amendment No. 405A:


On Question, amendment agreed to.

[Amendment No. 405AA not moved.]

Lord Warner moved Amendment No. 405B:


    Page 101, leave out lines 11 to 13.

On Question, amendment agreed to.

[Amendment No. 405BA not moved.]

Lord Warner moved Amendments Nos. 405C and 405D:


    Page 101, line 18, leave out from "body" " to "such" and insert "has"


    Page 101, leave out line 24.

On Question, amendments agreed to.

Clause 183 [Appointments to certain health and social care bodies]:

[Amendments Nos. 406 to 408 not moved.]

Clause 191 [Orders and regulations]:

The Deputy Speaker (Lord Geddes): My Lords, I must advise the House that if Amendment No. 409 is agreed to, I cannot call Amendment No. 409A due to pre-emption.

[Amendment No. 409 not moved.]

11 Nov 2003 : Column 1347

Lord Warner moved Amendment No. 409A:


    Page 105, line 37, after "section" insert "(Conduct of elections) or".

The noble Lord said: My Lords, this amendment is tabled in response to the recommendation made last Thursday by the Delegated Powers and Regulatory Reform Committee that the new regulation-making power to set out details of the electoral systems for elections to the boards of governors of NHS foundation trusts should be subject to the affirmative procedure.

Amendment No. 409A would require the regulations to be subject to the affirmative procedure in the first instance, with subsequent sets of regulations being negative. This meets the committee's recommendation half way and, I think, goes far enough to give Parliament an extra safeguard in this area. Once the first set of regulations is made, it will be clear how we envisage the elections working and it would still be possible for Parliament to annul subsequent sets of the regulations if it wished to do so. I beg to move.

On Question, amendment agreed to.

[Amendment No. 410 not moved.]

Lord Warner moved Amendment No. 410A:


    Page 106, line 2, after "(1)(b)" insert "or section 195 or 196"

The noble Lord said: My Lords, in moving Amendment No. 410A, I shall speak also to Amendments Nos. 410B to 410E.

As your Lordships will be aware, the Delegated Powers and Regulatory Reform Committee recommended in its 24th report that affirmative procedures should apply to some of the regulation-making powers under Part 3 and to the power in Part 6 to make consequential amendments to other Acts. In the light of those recommendations, I brought forward amendments in Committee and the Committee agreed to them.

I now have a confession to make. Those amendments did not extend the principle of the affirmative procedure to the Scottish Parliament in relation to provisions as they apply to Scotland on devolved matters. While I note that colleagues have not raised this issue in debate, I am advised that the Delegated Powers and Regulatory Reform Committee intended its recommendations to apply to Scotland. Indeed, it makes sense for them to do so in the context of devolution.

These are technical amendments to ensure that where the affirmative procedure is to apply at Westminster it also applies at the Scottish Parliament for provisions as they apply to Scotland on devolved matters. I beg to move.

11 Nov 2003 : Column 1348

Earl Howe: My Lords, undoubtedly we can all go home like Puck with the refrain, "I am that merry wanderer of the night". I was puzzled in Committee by the Minister's reply. Our Amendment No. 412 was an attempt to draw attention to the lacuna which we felt still remained in the Bill by virtue of the recommendation from the Delegated Powers and Regulatory Reform Committee. I am delighted that the Minister has recognised that lacuna. We are very pleased to agree to the amendments.

On Question, amendment agreed to.

Lord Warner moved Amendments Nos. 410B to 410E:


    Page 106, line 2, at end insert "(including an Act of the Scottish Parliament)"


    Page 106, line 8, at end insert—


"( ) The Scottish Ministers may not make a statutory instrument containing—
(a) regulations under section 146(12),
(b) the first regulations made under section 149(2), or
(c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 195 or 196, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament),
unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament." Page 106, line 9, leave out "regulations under Part 3" and insert "any other order or regulations under this Act"


    Page 106, line 10, after "Ministers" insert "(apart from an order under section 194)"

On Question, amendments agreed to.

Lord Warner moved Amendment No. 410F:


    After Clause 193, insert the following new clause—


"ISLES OF SCILLY
The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order."

The noble Lord said: My Lords, we need to travel a little further from Scotland. This is a technical amendment to make a late correction to the drafting of the Bill by enabling regulations to clarify how it should apply to the Isles of Scilly.

As your Lordships will be aware, the Isles of Scilly are part of the legal jurisdiction of England and Wales and the Bill extends there just as much as it does to the rest of England and Wales. This amendment allows provision to be made to enable the Bill to work in the Scillies given the slightly different arrangements that prevail there. This is an alternative to spelling out in the Bill the specialised provision which is needed for a very small part of the country. The case it is aimed at is the definition of "local authority" in Part 2 and related

11 Nov 2003 : Column 1349

expressions. We want to be able to say that, for the Scillies, "local authority" includes the Council of the Isles of Scilly.

There is a great deal of precedent for this kind of provision. I beg to move.

On Question, amendment agreed to.

[Amendment No. 411 had been withdrawn from the Marshalled List.]

Clause 196 [Supplementary and consequential provision]:

11 Nov 2003 : Column 1350

[Amendment No. 412 not moved.]

Arms Control and Disarmament (Inspections) Bill [HL]

Bill returned from the Commons agreed to.

European Union (Accessions) Bill

Bill returned from the Commons with the amendment agreed to.

        House adjourned at sixteen minutes before eleven o'clock.


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