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Clause 6

Volume 891: debated on Friday 9 May 1975

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Orders

Amendment made: No. 29, in page 6, line 37 at end insert or—. [ Mr. Tom King.]

I beg to move Amendment No. 38, in page 7, line 13, leave out subsection (4) and insert—

'(4) An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament'.
Hon. Members who served on the Standing Committee will recollect that I offered to go along with the majority of opinion in Committee when new Clause 5 was debated whether a proposed wider order-making power for the Secretary of State should be deleted. This was the power to prescribe items to be included in agreements between site owners and residents, either in addition to or in substitution for the items set out in Clause 3.

My offer was conditional on making the remaining order-making powers in the clause subject to the negative resolution procedure. In the event, the Committee voted for the removal of the wider power in question after I think every member of the Committee who spoke had indicated that they thought my offer a fair one. This amendment accordingly seeks to substitute the negative resolution procedure in respect of the remaining powers, which is certainly more appropriate to the exercise of these powers.

This was a point of considerable contention and I should like to express appreciation for the way in which the Minister handled the matter in putting forward the Government's point of view. He very fairly left it to the Committee to decide what the right balance should be. Part of the compromise was that in return for the deletion of the paragraph which gave much wider order-making powers to the Secretary of State, which were of some concern to a number of hon. Members, it was agreed to substitute the negative resolution procedure.

Amendment agreed to.