Select Committee on Delegated Powers and Regulatory Reform Seventh Report



1.  This bill concerns the reform of Community Health Councils in Wales and the establishment of two new corporate bodies, the Wales Centre for Health and Health Professions Wales. The bill affects Wales almost exclusively.


2.  There are several delegated powers in the bill. In each case the power is conferred on the National Assembly for Wales, and accordingly the exercise of the powers will be subject to the subordinate legislation procedures under the Government of Wales Act 1998.

3.  The delegated powers are identified and explained in the memorandum on delegated powers from the Wales Office. The memorandum is printed at Annex 1 to this Report. The extent of the delegation is consistent with existing provisions relating to the National Health Service and is appropriate.

4.  Clauses 1(2) and 8(3) contain Henry VIII powers to make consequential, incidental and similar provision. The provision made by the order must be both "appropriate" and consequential, incidental, supplementary, transitional, transitory or saving in character. These are not self-standing powers, but can be used only as an extension of the exercise of some other power under, or referred to in, the bill. The Committee accepts that amendments may be required to Acts of Parliament in the light of possible changes to the functions of the bodies referred to in the bill (or, indeed, the possible abolition of the two new corporate bodies). In the Committee's view these powers are sufficiently circumscribed.


5.  There is nothing in the delegated powers in this bill to which the Committee wishes to draw the attention of the House.

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