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Regulatory Enforcement and Sanctions Bill [HL]

My Amendment No. 12 in this group would provide that the Secretary of State had to undertake consultation before making an amending order. I hope that I will be told either that the amendment is accepted or that—so that we have it on the record—I should have no such fears because the Secretary of State would consult anyway. The noble Lord, Lord Hodgson, raises an important point. If an enactment is not applicable or appropriate for this regime, it is not necessary to delete it if it simply does not fall within the scope—I think that that is probably the right term. However, as the noble Lord says, if there is a problem with the enactment—that it is a bit difficult but is within the regime—it should not be deleted just by the Secretary of State deciding to amend the schedule. On the previous amendment, perhaps I should not have said that I had not been through Schedule 3 in detail; those who will have to operate this will have done. If the department is finding some difficulty, the difficulties should be sorted out—certainly before we complete the Bill. If a difficulty is found later, it should be dealt with in an even more formal manner than is suggested here.