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Proceeding contribution from Baroness Ashton of Upholland (Labour) in the House of Lords on Thursday, 14 December 2006. It occurred during Debate on bill and Committee proceeding on Tribunals, Courts and Enforcement Bill [HL].


Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 126: 126: Schedule 17, page 267, line 36, at end insert— ““(10) Regulations under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”” The noble Baroness said: In moving Amendment No. 126, I wish also to speak briefly to Amendments Nos. 127, 128 and 129. Again, these arise from the recommendations of the Delegated Powers and Regulatory Reform Committee which the Government have accepted. On Amendment No. 126, Schedule 17 contains a new text of Part 7A of the Insolvency Act 1986. The committee recommended that the power of the Secretary of State for Trade and Industry to make regulations should be subject to the negative resolution procedure. The Government agree and Amendment No. 126 amends Section 251U accordingly. Clause 122 empowers my noble and learned friend the Lord Chancellor to make regulations under Chapter 4 of Part 5 of the Bill relating to debt management schemes. Clause 110(6) enables him to make regulations setting out specific circumstances in which a supplier of gas or electricity to a debtor in an approved debt repayment plan may stop supply. The committee recommended that this power be subject to affirmative resolution. The Government agree and Amendment No. 127 amends Clause 122 accordingly. Clause 122(8) enables my noble and learned friend the Lord Chancellor to make regulations to amend the appeals provision in respect of approved debt repayment plans contained in Clauses 114 and 115 by making provision for further grounds for appeal. It is clearly appropriate that such powers should receive a high level of parliamentary scrutiny. The fact that they would not as the Bill is currently drafted is a drafting omission. Amendments Nos. 128 and 129 rectify this. I am most grateful to noble Lords for allowing me to table this group of amendments. I beg to move. On Question, amendment agreed to. Schedule 17, as amended, agreed to. Schedules 18 to 20 agreed to. Clauses 101 to 105 agreed to. Schedule 21 agreed to. Clauses 106 to 121 agreed to. Clause 122 [Regulations]:


Secondary information

Type
Proceeding contribution
Reference
687 c126GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
Complaints Conditions of employment Appeals Courts Administration of justice Administration Assets Debts Cultural heritage Debt collection Certification Arrears Attachment of earnings Fees and charges Licensing Enforcement Eligibility Judiciary Exemptions Households Functions Judges Income Landlords Ownership Powers of entry Membership Public appointments Payments Museums and galleries Loans Staff Lord Chancellor's Department Non-departmental public bodies Tribunals Regulation Tenants Rents Sequestration of assets Council on Tribunals Administrative Justice and Tribunals Council
Legislation
Tribunals, Courts and Enforcement Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk