Select Committee on Delegated Powers and Regulatory Reform Third Report


APPENDIX 3

Letter from the Legal Adviser to the First Parliamentary Counsel

"HENRY VIII" POWERS TO MAKE INCIDENTAL, CONSEQUENTIAL, ETC. PROVISION

You will be aware of the Committee's interest in this subject and, in particular, that the Committee intends to make a report to the House of Lords for which it is hoped that debating time will be made available. The Committee is considering in particular

whether, and, if so, when this type of provision is acceptable;

the form that such provision might take;

the appropriate level of Parliamentary scrutiny.

The Committee observes that provisions in different Bills which seem intended to secure a similar legal effect are often drafted in different ways. The Committee would like to know more about the reasons for this and the factors which influence the decision to choose one form of words rather than another. It would also welcome your views on the proposal that Government Bills in which this sort of provision is required might normally include the same standard form of words. The form could be adapted where required, but the sponsoring Department, in its memorandum to the Committee, would have to explain and justify the departure as well as the inclusion of the provision.

Accordingly the Committee invites you to furnish it with a memorandum addressing these issues and including any other observations you may wish to make on the other aspects that the Committee is considering.

The Committee will discuss the subject again at its meeting on Wednesday 11 December, with a view to making its report shortly afterwards. It would be very helpful to have a response by next Thursday, 5th December, if possible, so that the members of the Committee have the opportunity to study the memorandum in advance of the meeting.

28 November 2002


 
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