Proceeding contribution from Lord Jenkin of Roding (Conservative) in the House of Lords on Tuesday, 28 June 2011. It occurred during Committee of the Whole House (HL) and Debate on bill on Localism Bill.
Localism Bill
My noble friend said earlier that the Bill gives the Government power to alter the minimum numbers for a referendum by order, and helpfully he referred to Clause 209. It may be that I am totally misunderstanding it, but Clause 209(1) says: "““Any power of the Secretary of State … to make an order or regulations under this Act is exercisable by statutory instrument””." The next subsection is the one to which I think he was referring, which states: "““Any power of the Secretary of State … to make an order or regulations includes … power to make different provision for different cases, circumstances or areas””." I sense that my noble friend was rather relying on that for his proposition that the Secretary of State would be able to change the figures in the Bill by order. Nowhere in the Bill on the question of the minimum levels is there any power to make an order. It just does not apply. There are regulation powers towards the end of the part dealing with voting in and conduct of local referendums. Clearly, that would invoke Clause 209. Unless I have completely misunderstood, Clause 209 applies only where the Bill contains a power to make orders, unless in relation to these minimum figures it does not. It may be that my noble friend already has an answer. I went on long enough to ensure that perhaps he would. If I have misunderstood, I am happy to be corrected. I am not clear that my noble friend stated the provisions of the Bill properly. Perhaps he can reply before he finishes the point he was making.
Secondary information
- Type
- Proceeding contribution
- Reference
- 728 c1747
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Devolved matters Business Air pollution Arts Fees and charges Land Fines Infrastructure European communities EU action Domestic waste Local government Northern Ireland Pay Payments Property transfer Public sector Business rates Referendums Procurement Local government services Public participation Staff Low pay Scotland Small businesses Wales Waste disposal Tax rates and bands Regeneration Sanctions Petitions
- Legislation
- Localism Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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