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House of Lords
Session 2002-03
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Delegated Powers and Regulatory Reform Committee Publications

Delegated Powers and Regulatory Reform - Third Report

Here you can browse the report which was ordered by the House of Lords to be printed 11 December 2002.


CONTENTS

SPECIAL REPORT

APPENDIX 1
APPENDIX 2

ANNEX 1

ANNEX 2

ANNEX 3

ANNEX 4

ANNEX 5

ANNEX 6

ANNEX 7

ANNEX 8

ANNEX 9

ANNEX 10

ANNEX 11

ANNEX 12

APPENDIX 3

Letter from the First Parliamentary Counsel to the Legal Adviser

SPECIAL REPORT

11 December 2002

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 and draft orders laid before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such documents and orders and subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments[1].

ORDERED TO REPORT

HENRY VIII POWERS TO MAKE INCIDENTAL, CONSEQUENTIAL AND SIMILAR PROVISION

INTRODUCTION

This report arises from the debate on Third Reading in the House of Lords of the Nationality, Immigration and Asylum Bill (now Act) about a new clause which was inserted at that stage to permit the Secretary of State by order to make provision, including amendment of enactments, in consequence of or in connection with a provision of the bill. In our report on the new clause[2] we noted that such provisions were not unprecedented and concluded that the delegation and the level of scrutiny in the particular instance were sufficient; we expressed concern, however, about the late stage at which the amendment had been introduced and about the reasons given to explain the need for such provision.

During the debate on the Humble Address, our Chairman indicated that this Committee would be considering the issue of Henry VIII powers[3] concerning incidental, consequential and similar provision more generally.[4] We now report our conclusions. Attached as Appendix 2 is a paper setting out the issues we considered and giving twelve examples of the type of provision concerned. There is also attached, in Appendix 3, a letter from the First Parliamentary Counsel dated 9 December 2002.

PRINCIPAL QUESTIONS

We have considered three questions:

·  Is there a case for using Henry VIII powers to make incidental, consequential and similar provision?

·  If so, should there be a presumption that the same form of words should be used in every case?

·  What is the appropriate level of Parliamentary scrutiny?


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

2   28th Report ( Session 2001-02). Back

3   Powers which confer on Ministers the ability to amend Acts of Parliament by subordinate legislation are often referred to as "Henry VIII powers". Back

4   HL Deb (Session 2002-03), col 488. Back


 
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