(2) which Bills introduced by her Department in the last five years have contained sunset clauses; and what plans she has for the future use of such clauses.
Since the formation of the Office of the Deputy Prime Minister in May 2002 and subsequently the Department for Communities and Local Government in May 2006, we are aware of one sunset clause in primary legislation for which we have been responsible, namely section 1(7) of the Fire Services Act 2003, which prevents the making of an order (fixing firemen’s conditions of service) more than two years after commencement of the Act (on the date of Royal Assent, 13 November 2003) except for an order revoking a previous order.
The following primary legislation has received Royal Assent since 2002 and has not contained sunset clauses:
Fire and Rescue Services Act 2004;
Housing Act 2004;
Planning and Compulsory Purchase Act 2004;
Council Tax (New Valuation Lists for England) Act 2006; and
Housing Corporation (Delegation) etc. Act 2006
Rating (Empty Properties) Act 2007
Of the Acts currently before Parliament, the GLA Bill does not contain a sunset clause, but the Local Government and Public Involvement in Health Bill does contain a sunset clause (in clause 3) which ensures that the Secretary of State may not give a direction (under clause 2) to an authority to prepare a proposal for unitary local government after 25 January 2008. This sunset clause was introduced by amendment in the Commons in response to concerns of the Local Government Association that the Secretary of State’s power to direct would otherwise be too wide. The Secretary of State may therefore only issue a direction under clause 2 from after the enactment and commencement of Part 1 of the Bill (likely to be November 2007) up until 25 January 2008.
As to the future use of sunset clauses, the appropriateness of a sunset clause for the whole or part of any proposed legislation is considered on a case by case basis. It is also addressed when a regulatory impact assessment relating to legislation is being prepared.