Monday 18th September 2023
(7 months, 1 week ago)
Lords ChamberLevelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Amendment Paper: HL Bill 142-VIII(a) Amendment for Report (Supplementary to the Eighth Marshalled List) - (15 Sep 2023)
18:17 - Division on Amendment 265A - Ayes: 192 / Noes: 161 - Amendment 265A agreed.
18:30 - Division on Amendment 276 - Ayes: 198 / Noes: 158 - Amendment 276 agreed.
18:48 - Division on Amendment 277 - Ayes: 177 / Noes: 152 - Amendment 277 agreed.
19:46 - Division on Amendment 281 - Ayes: 178 / Noes: 143 - Amendment 281 agreed.
20:22 - Division on Amendment 282C - Ayes: 153 / Noes: 134 - Amendment 282C agreed.
20:50 - Division on Amendment 282K - Ayes: 138 / Noes: 130 - Amendment 282K agreed.
21:15 - Division on Amendment 307A - Ayes: 133 / Noes: 125 - Amendment 307A agreed.
Baroness Barran
“ScheduleUse of non-domestic premises for childcare: registrationIntroductory
1 The Childcare Act 2006 is amended as follows.Early years provision
2 In section 32 (maintenance of the two childcare registers), after subsection (5) insert—“(6) In this section—(a) a reference to persons registered as early years childminders is to be read as a reference to persons registered as early years childminders with domestic premises and to persons registered as early years childminders without domestic premises collectively; (b) a reference to persons registered as later years childminders is to be read as a reference to persons registered as later years childminders with domestic premises and to persons registered as later years childminders without domestic premises collectively;(c) a reference to persons registered as childminders by the Chief Inspector for the purposes of Chapter 4 is to be read as a reference to persons so registered as childminders with domestic premises and to persons so registered as childminders without domestic premises collectively.”3 (1) Section 33 (requirement to register: early years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words before paragraph (a)—(a) after “England” insert “, where some or all of the childminding is provided on domestic premises,”;(b) after “childminder” insert “with domestic premises”.4 (1) Section 34 (requirement to register: early years providers) is amended as follows.(2) For subsections (1) and (1ZA) substitute—“(1) A person may not provide early years provision on non-domestic premises in England unless—(a) the person is registered in the early years register as an early years provider other than a childminder (whether or not the provision is or includes early years childminding), or(b) the provision is early years childminding, none of which is provided on domestic premises, and the person is registered as an early years childminder without domestic premises—(i) in the early years register, or(ii) with an early years childminder agency.(1ZA) Subsection (1)(a) does not apply to early years provision in respect of which the person providing it is required to be registered under section 33(1) or under subsection (1A).”(3) In subsection (1A)—(a) after “96(5)” insert “, and some or all of which is provided on domestic premises,”;(b) after “registered” insert “as an early years provider other than a childminder”.5 (1) Section 35 (applications for registration: early years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1)—(a) in paragraph (a), for “as an early years childminder in the early years register” substitute “in the early years register as an early years childminder with domestic premises”;(b) in paragraph (b), at the end insert “with domestic premises”.(4) In subsection (5), in each of paragraphs (aa) and (ab), after “as an early years childminder” insert “with domestic premises”.6 (1) Section 36 (application for registration: other early years providers) is amended as follows.(2) In subsection (1), for the words from “to the Chief” to the end substitute “—“(a) in any case, to the Chief Inspector for registration as an early years provider other than a childminder, or(b) if the early years provision is early years childminding— (i) to the Chief Inspector for registration as an early years childminder without domestic premises, or(ii) to an early years childminder agency for registration with that agency as an early years childminder without domestic premises,(whether or not an application is also made under paragraph (a)).”(3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.(4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.(5) In subsection (5), after paragraph (ab) insert—“(ac) prohibiting the applicant from being registered in the early years register as an early years childminder without domestic premises if the applicant is registered with a childminder agency;(ad) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder without domestic premises if the applicant is registered—(i) with another childminder agency;(ii) in the early years register or the general childcare register;”.7 (1) Section 37 (entry on the register and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “36(1)” substitute “36(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 36(1)(a), the early years provision is or includes early years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 36(1)(b)(i) is granted, the Chief Inspector must—(a) register the applicant in the early years register as an early years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.8 (1) Section 37A (early years childminder agencies: registers and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) After subsection (1) insert—“(1A) If an application under section 36(1)(b)(ii) is granted, the early years childminder agency must—(a) register the applicant in the register maintained by the agency as an early years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(4) In subsection (3), after “(1)” insert “, (1A)”.Later years provision
9 (1) Section 52 (requirement to register: later years childminders for children under eight) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words before paragraph (a)—(a) after “eight” insert “, where some or all of the childminding is provided on domestic premises,”; (b) after “childminder” insert “with domestic premises”.10 (1) Section 53 (requirement to register: other later years providers for children under eight) is amended as follows.(2) For subsections (1) and (1ZA) substitute—“(1) A person may not provide, for a child who has not attained the age of eight, later years provision on non-domestic premises in England unless—(a) the person is registered in Part A of the general childcare register as a later years provider other than a childminder (whether or not the provision is or includes later years childminding), or(b) the provision is later years childminding, none of which is provided on domestic premises, and the person is registered as a later years childminder without domestic premises—(i) in Part A of the general childcare register, or(ii) with a later years childminder agency.(1ZA) Subsection (1)(a) does not apply to later years provision in respect of which the person providing it is required to be registered under section 52(1) or under subsection (1A).”(3) In subsection (1A)—(a) after “96(9)” insert “, and some or all of which is provided on domestic premises,”;(b) after “registered” insert “as a later years provider other than a childminder”.11 (1) Section 54 (applications for registration: later years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1)—(a) in paragraph (a), for “as a later years childminder in Part A of the general childcare register” substitute “in Part A of the general childcare register as a later years childminder with domestic premises”;(b) in paragraph (b), at the end insert “with domestic premises”.(4) In subsection (5), in each of paragraphs (aa) and (ab), after “as a later years childminder” insert “with domestic premises”.12 (1) Section 55 (application for registration: other later years providers) is amended as follows.(2) In subsection (1), for the words from “to the Chief” to the end substitute “—“(a) in any case, to the Chief Inspector for registration as a later years provider other than a childminder, or(b) if the later years provision is later years childminding—(i) to the Chief Inspector for registration as a later years childminder without domestic premises, or(ii) to a later years childminder agency for registration with that agency as a later years childminder without domestic premises,(whether or not an application is also made under paragraph (a)).”(3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.(4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.(5) In subsection (5), after paragraph (ab) insert— “(ac) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder without domestic premises if the applicant is registered with a childminder agency;(ad) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder without domestic premises if the applicant is registered—(i) with another childminder agency;(ii) in the early years register or the general childcare register;”.13 (1) Section 56 (entry on the register and certificates) is amended as follows.(2) In subsection (1), in paragraph (a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “55(1)” substitute “55(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 55(1)(a), the later years provision is or includes later years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 55(1)(b)(i) is granted, the Chief Inspector must—(a) register the applicant in Part A of the general childcare register as a later years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.14 (1) Section 56A (later years childminder agencies: registers and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) After subsection (1) insert—“(1A) If an application under section 55(1)(b)(ii) is granted, the later years childminder agency must—(a) register the applicant in the register maintained by the agency as a later years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(4) In subsection (3), after “(1)” insert “, (1A)”.15 In section 57 (special procedure for providers registered in the early years register), in subsection (1)—(a) in the words before paragraph (a), after “childminder” insert “with or without domestic premises”;(b) in paragraph (a), for “as a later years childminder” substitute “—(i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises;(ii) otherwise, as a later years childminder without domestic premises”.16 (1) Section 57A (special procedure for providers registered with early years childminder agencies) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with or without domestic premises”.(3) In subsection (2)(a), for “as a later years childminder” substitute “—(i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises; (ii) otherwise, as a later years childminder without domestic premises”.Voluntary registration
17 (1) Section 62 (applications for registration on the general register: childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words after paragraph (b)—(a) before “may” insert “where some or all of the childminding is (or is to be) provided on domestic premises,”;(b) at the end insert “with domestic premises”.18 In section 63 (applications for registration on the general register: other childcare providers), for subsection (1) substitute—“(A1) Subsection (1) applies to a person who provides or proposes to provide on premises in England—(a) later years provision for a child who has attained the age of eight, or(b) early years provision or later years provision for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,except where it is provision in respect of which an application for registration may be made under section 62.(1) The person may make an application to the Chief Inspector—(a) in any case, for registration in Part B of the general childcare register as a provider of childcare other than a childminder, or(b) where the provision is early years childminding or later years childminding, for registration in Part B of the general childcare register as a childminder without domestic premises (whether or not an application is also made under paragraph (a)).”19 (1) Section 64 (entry on the register and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “63(1)” substitute “63(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if the childcare to be provided is or includes early years or later years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 63(1)(b) is granted, the Chief Inspector must—(a) register the applicant in Part B of the general childcare register as a childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.20 In section 65 (special procedure for persons already registered in a childcare register), in subsection (1)—(a) in the words before paragraph (a), for the words from “a childminder” to “Part A of the general childcare register” substitute “an early years childminder with or without domestic premises in the early years register, or as a later years childminder with or without domestic premises in Part A of the general childcare register,”;(b) in paragraph (a), after “childminder” insert “(as the case may be, with or without domestic premises)”. 21 (1) Section 65A (special procedure for persons already registered with a childminder agency) is amended as follows.(2) In subsection (1), in the words before paragraph (a)—(a) after the first “early years childminder” insert “with or without domestic premises”;(b) after the first “later years childminder” insert “with or without domestic premises”.(3) In subsection (2)(a), after “Chapter” insert “(as the case may be, with or without domestic premises)”.Common provisions
22 (1) Section 68 (cancellation of registration in a childcare register: early years and later years providers) is amended as follows.(2) In subsection (3), for the words from “as an early years childminder” to the end substitute “—(a) as an early years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as an early years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”(3) In subsection (4), for the words from “as a later years childminder” to the end substitute “—(a) as a later years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as a later years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”(4) In subsection (5), for the words from “as a childminder” to the end substitute “—(a) as a childminder with domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as a childminder without domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”23 In section 69 (suspension of registration in a childcare register: early years and later years providers), in each of subsections (3) and (4), after “childminder” insert “with or without domestic premises”.24 (1) Section 98 (interpretation of Part 3) is amended as follows.(2) In subsection (1), in the definition of “domestic premises”, at the end insert “(and references to non-domestic premises are to be construed accordingly)”.(3) After subsection (1A) insert— “(1B) In this Part, references to a person registered—(a) as an early years childminder with domestic premises are to a person registered as such under section 37(1)(a) or 37A(1)(a);(b) as an early years childminder without domestic premises are to a person registered as such under section 37(2A) or 37A(1A);(c) as a later years childminder with domestic premises are to a person registered as such under section 56(1)(a) or 56A(1)(a);(d) as a later years childminder without domestic premises are to a person registered as such under section 56(2A) or 56A(1A).””Member’s explanatory statement
New Clause (Childcare: use of non-domestic premises) tabled in the Minister’s name allows persons to provide early or later years childminding wholly on non-domestic premises. This Schedule contains supplementary provision about registration, and in particular allows persons providing early or later childminding wholly on non-domestic premises a choice of routes to registration.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, Amendments 259, 269, 270, 301, 314 and 316 in the name of my noble friend Lady Scott of Bybrook will give childminders greater flexibility to expand and grow their businesses, and will remove barriers to registration.
Childminders are important because they provide parents with childcare that is more affordable and flexible than other kinds of childcare provision. They follow the same requirements as nurseries to promote the learning and development of all children in their care, and they follow the same requirements for safeguarding children and promoting their welfare. Like nurseries, childminders are routinely inspected, with 97% of Ofsted-registered childminders judged “good” or “outstanding” at their last inspection. However, the number of childminders has more than halved over the past decade, which is reducing choice for parents, and addressing this decline is key to improving choice and affordability for parents.
In March, the Government announced the biggest ever expansion in funded early education from April 2024, with 30 hours of free childcare for every child over the age of nine months with eligible working parents by September 2025. The Office for Budget Responsibility believes that this will have by far the largest impact on potential output in this Budget by increasing labour market participation of parents with young children. By 2027-28, the OBR expects around 60,000 to enter employment, working an average of around 16 hours a week, with an equivalent effect on total hours coming from mothers already in work. This will significantly increase demand for childcare places. Therefore, it is important that we have a vibrant sector where all providers are in a position to expand and grow their businesses to meet that additional demand. As such, it is even more important to maintain the number of existing childminders and increase the number of new childminders coming into the sector. These amendments are part of a suite of measures that the Government are introducing to encourage more people to become childminders and to support existing childminders—childminding is a predominantly female profession—by helping them to expand and to grow their businesses.
Amendment 270 will increase the total number of people who can work together under a childminder’s registration from three to four. Amendments 259 and 269 will allow childminders on domestic premises to spend more of their time working on non-domestic premises, including an option for childminders to operate solely from non-domestic premises, such as a local community centre or village hall, by replacing the existing single childminder category with two new categories: childminders with domestic premises who provide at least some or all of their childminding on domestic premises, and childminders without domestic premises who provide all the childminding on non-domestic premises.
Allowing childminders to work with more people means that they could care for more children, as regulations permit each childminder’s assistant to care for the same number of children as childminders, and thereby increase the number of places available to parents, or they could provide more one-to-one support to children who would benefit from a greater level of help or personal care, such as children with special educational needs or an education, health and care plan.
Allowing childminders to operate from non-domestic premises for more of their time means that they could offer childcare on bigger premises, to work with more people and care for more children, or on premises that better meet the needs of the children whom they care for: for example, more indoor or outdoor space, better disabled access, and dedicated car parking for staff and parents. It would also allow childminders to operate from premises that may be more conveniently located for parents, such as closer to their home or work or close to the school of any older children, particularly if parents want their childminder to provide wraparound care for any of their school-age children too. Allowing a person to register as a childminder without domestic premises will support more people to become childminders by providing applicants with a route into the profession where the availability or suitability of their domestic premises may be their only barrier to entering the childminding profession—for example, where their domestic premises are too small or do not comply with health and safety regulations, such as fire safety and hygiene requirements, or where they cannot obtain permission from their landlord to operate a childminding business from their home.
Baroness Barran (Con)
I thank all noble Lords for their contributions to this debate. I will try to pick up a few of the points raised in relation to the government amendments.
The noble Baroness, Lady Twycross, asked what else the Government are doing to support childminders. She will be aware that the Government have made a number of announcements in this regard. We have already boosted the funding rates paid to early years providers because we are keen to try to bolster the workforce ahead of the additional entitlements to working parents coming in. In the autumn, we will launch the childminder start-up grant, which is worth £1,200 for all childminders who have joined the profession since the Spring Budget. In August, we announced plans to consult on reducing registration times to around 10 weeks, and to ensure that childminders are paid monthly by local authorities.
The noble Baroness, Lady Pinnock, asked about the suitability of premises, particularly for very young children. There will not be any change to the approval that childminders need to get from Ofsted, so they will continue to need to get Ofsted approval, either from Ofsted or their childminder agency, so that they can operate from non-domestic premises. The issues she raised about safety will be addressed by that route.
The noble Baroness, Lady Bennett, raised the issue of private equity. I am not aware of private equity being an issue in the childminder area of the market. I hope the noble Baroness would agree that we need significant investment in this area and to bolster the numbers of childminders. Unlike the noble Baroness, we would hope that childminders can run profitable businesses, otherwise they will not be sustainable.
Before I come to the amendment in the name of the noble Baroness, Lady Hayman, I thank the noble Lord, Lord Russell, for giving me sight of his questions. My department has liaised with the Department for Levelling Up, Housing and Communities and prepared responses. I will provide detailed responses to him in writing.
On the monitoring of developer contributions, the Bill aims to provide a flexible framework to allow infrastructure levy charging authorities to determine what their priorities for spending the levy are in each area. Of course, this can include capital funding for new childcare facilities. We already require local authorities to publish their infrastructure funding statements and set out how they use CIL and Section 106 funds. Under the infrastructure levy that will go further, as I think the noble Lord is aware—maybe we discussed it in the smallest room with the largest number of people. It will require them to set out infrastructure delivery strategies so that local authorities show how they propose to spend the levy revenues, as well as report on them.
On the questions specifically for my department about the expectation as to whether spare school capacity would be repurposed for early years services, I can confirm that there is no government expectation that spare school capacity will be repurposed in this way, although local authorities can, of course, work with schools and academy trusts to consider this as an option and, again, include contingency plans if the space were to be required for school use again in the future.
Many schools already include nurseries, and all new primary schools are expected to include a nursery ancillary to the main use of the site as a school. Developer contributions can be used to expand or create these facilities on school sites when necessary, although it is unlikely that developer contributions would be required for repurposed space within existing schools, as this is utilising existing educational infrastructure rather than creating new facilities. I will set all that out and respond to the noble Lord’s other questions in a letter.
Amendment 276, tabled in the name of the noble Baroness, Lady Hayman of Ullock, would remove any restrictions on local authorities providing childcare. Under the powers contained in the Childcare Act 2006, where local authorities identify a childcare need that cannot be met by other means or they deem more appropriate to provide themselves, they are already able to establish their own provision. As the noble Baroness, Lady Twycross, mentioned, we discussed this when we met last week. We have endeavoured to speak to a number of local authorities to try to understand a bit better whether there is a real issue here.
As I am sure the noble Baroness knows, almost 1% of providers overall are local authority-run outside maintained schools in the way that this amendment would allow for. From our conversations with local authorities, we know that this relates to both general—or what you might call universal—daycare and free entitlement provisions, such as is the case in Barking and Dagenham, but also applies where there is a particular need of specialist support for children with special educational needs, disabilities or complex medical needs, and my understanding is that that is the case in Durham. Obviously, we are grateful to all providers for the work that they do in this area. We found examples where both general provision and specialist provision exist.
When we speak to local authorities—which obviously the department does very regularly—they are not telling us that they want to set up their own childcare provision and they are not raising concerns with us about the powers they currently have to do this. We are not aware of any local authorities which want to set up their own provision but have been unable to do so because of the current legislation, so we are really not clear what problem this amendment is seeking to resolve and are not convinced that it would make a material difference to childcare availability, which I know the noble Baronesses opposite and the Government are all concerned about. We do not believe that is the case in either a general sense or in relation to specialist cases, where local authorities play such a critical role in supporting vulnerable children. In addition, some of the most successful local authority-run provisions, such as maintained nursery schools, are unaffected by this legislation.
The noble Baroness suggested that the Government do not trust local authorities, and I think used the words that we are “trying to tie their hands”. I would like to set the record straight: that is absolutely not the Government’s view. We believe that local authorities’ principal role is managing and shaping the overall childcare market in their area. The provisions in the Childcare Act help prevent an actual or perceived conflict of interest for local authorities as both market shapers and direct providers of childcare.
I think the House is in wide agreement that childcare is an incredibly important subject, and that is why we are moving the government amendments today. We want to maintain parental choice by making childminding more attractive to existing childminders, by helping them to expand and grow their businesses, and by supporting more people to become childminders by removing barriers to registration. We have also consulted on changes to the early years foundation-stage framework that aim to reduce known burdens on providers and offer them more flexibility.
Therefore, I wish to press the amendments in the name of my noble friend Lady Scott of Bybrook and I hope that the noble Baroness, Lady Hayman of Ullock, will not move her amendment when reached.
“ScheduleRegulations under Chapter 1 of Part 3 or Part 6: form and scrutinyPart 1Statutory Instruments and statutory Rules1 (1) Any power to make regulations under Chapter 1 of Part 3 or Part 6—(a) so far as exercisable by the Secretary of State acting alone or by the Secretary of State acting jointly with a devolved authority, is exercisable by statutory instrument,(b) so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and(c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).(2) For regulations made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).Part 2Scrutiny of regulationsScrutiny of regulations made by Secretary of State or devolved authority acting alone
2 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.3 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 2.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).(4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.4 Paragraph 3 does not apply if—(a) a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;(b) a draft of the Scottish statutory instrument has been laid before, and approved by resolution of, the Scottish Parliament;(c) a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru; or(d) a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
5 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. (3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.6 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 5.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.(3) A statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.(5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). (7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.(9) If in accordance with this paragraph—(a) either House of Parliament resolves that an address be presented to His Majesty praying that an instrument be annulled, or(b) a relevant devolved legislature resolves that an instrument be annulled,nothing further is to be done under the instrument after the date of the resolution and His Majesty may by Order in Council revoke the instrument.(10) In sub-paragraph (9) “relevant devolved legislature” means—(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,(b) in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru, and(c) in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.(11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.(12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.(13) In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—(a) an Act of the Scottish Parliament,(b) a Measure or Act of Senedd Cymru, or(c) Northern Ireland legislation.7 Paragraph 6 does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.Interpretation
8 In this Schedule “devolved authority” means—(a) the Scottish Ministers,(b) the Welsh Ministers, or(c) a Northern Ireland department.”Member's explanatory statement
This amendment inserts a new Schedule (Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny) which contains provision about the form and scrutiny of regulations under Chapter 1 of Part 3 or Part 6 made by the Secretary of State or a devolved authority acting alone or by the Secretary of State and a devolved authority acting jointly.
Earl Howe (Con)
My Lords, as my noble friend Lady Scott said in Committee when the noble Earl, Lord Lytton, brought forward his now-rebranded “polluter pays” amendments, these issues have already been debated at length in this House—I address here Amendments 260A, 282J and 315B. I agree that too many developers and landlords are being too slow to remediate buildings for which they are responsible. However, the Government have not been idle in this space; blocks of flats are being made safer as we speak. Under the regulatory regime that the noble Earl wishes to scrap and replace, 96% of all high-rise buildings with unsafe “Grenfell-style” ACM cladding have been remediated or have remedial work under way.
The leaseholder protections are showing real promise on the ground, so it would seem folly to scrap them and start again from scratch. Indeed, accepting these amendments would set back the progress of remediation by over a year as industry and leaseholders work to understand another new system, just as they are getting to grips with the Building Safety Act—the noble Baroness, Lady Taylor, was quite right to express her doubts on that score. At various points, the noble Earl has talked about his scheme sitting alongside the existing protections, but I argue strongly to your Lordships that that would be a recipe for chaos and confusion. Please do not let us land ourselves with that.
Secondly, many of your Lordships will have already taken part in debates on the regulations to give effect to our responsible actors scheme. That scheme, alongside our developer remediation contracts, requires eligible developers to fix the problems they have caused—I emphasise that clause: to fix the problems they have caused. Eligible developers who do not join the scheme and comply with its conditions will face prohibitions.
In response to the concerns of the noble Earl that the non-qualifying leaseholders are stuck in unsafe flats, as I think he put it, that is simply not true. All principal residences over 11 metres are covered by the protections. Following on from that, he expressed concern that the leaseholder protections do not protect every leaseholder. I just remind him that the direct protections that we have put in place are only part of the Government’s overall scheme. I have already referred to the responsible actors scheme and the developer remediation contracts, and I also point to the more than £5 billion set aside to replace cladding. The new powers in the Act to seek remediation contribution orders against developers, or to pursue them under the Defective Premises Act, also provide valuable indirect protection. Non-qualifying leaseholders are able to seek a remediation contribution order from the tribunal against a developer or contractor in exactly the same way as qualifying leaseholders. Let us remember that, where a developer has signed the developer remediation contract, it will fund all necessary remediation work—both cladding and non-cladding-related—irrespective of whether individual leases in those buildings qualify. Those on the current list of developers are only the first to be pursued; we have committed to expanding that list now that the regulations have been brought forward.
I make one further point. The noble Earl was concerned that the protections under the Building Safety Act remediation scheme will not apply to future buildings. The leaseholder protections address problems with buildings built poorly in the past. Part 3 of the Act raises standards for future buildings; we do not need a remediation scheme to reach into the future. All in all, I hope that, on reflection, the noble Earl will see fit to withdraw Amendment 260A and not move Amendments 282J or 315B.
I turn next to Amendments 282C, 282ND and 315A in the name of my noble friend Lord Young of Cookham. I must tell my noble friend—at the risk of him heaving a sigh—that that these issues are legally complex. What is more, unfortunately, his amendments will not address all those complexities. I can none the less reassure him and your Lordships that officials are working on producing a fix for the lease extension issue and that we will bring forward legislation as soon as possible. We are also considering carefully how we might address any unfairness produced by the issue of jointly owned properties, which my noble friend’s Amendment 282ND seeks to address. I am therefore not delivering a rebuff to my noble friend; I am simply urging him to understand that this is a set of issues that requires very careful legal dissection and working through, and that is what we are doing.
Finally, Amendment 282NF, from the noble Baroness, Lady Pinnock, and Amendment 309A in the names of my noble friend Lord Young of Cookham and the noble Baroness, Lady Pinnock, would require government to report on progress in remediating buildings under 11 metres and resident-owned buildings and to outline plans to expand the Cladding Safety Scheme. I listened to the views of the London Fire Brigade as reported by my noble friend; however, it is generally accepted that the life safety risk is proportional to the height of buildings. Lower-cost mitigations are usually more appropriate in low-rise buildings.
Given the small number of buildings under 11 metres that are likely to need remediation, our assessment remains that extending the protections for leaseholders in the Building Safety Act or our remediation funds to buildings below 11 metres is neither necessary nor proportionate. Where work is necessary, we would always expect freeholders to seek to recover costs from those who were responsible for building unsafe homes, not innocent leaseholders. Therefore, we do not intend to expand the Cladding Safety Scheme to incorporate these buildings, nor will it be possible to report on progress.
That said, I can assure the House that any resident whose landlord or building owner is proposing costly building safety remediation for a building under 11 metres should raise the matter with my department immediately, and we will investigate. Separately, the reporting that is already in place on the Responsible Actors Scheme will include progress made on all buildings in scope of that scheme, including any that are resident-owned. My noble friend Lord Young stated that resident-run buildings are excluded from the protections. They are not; the only buildings that are excluded from the protections as a class are those that are enfranchised, not those managed by residents. We have committed to consider this further and will bring proposals forward shortly.
I hope that what I have said has demonstrated to noble Lords that there are misunderstandings running through the amendments in this group. I have tried to provide reassurance, which I hope will be sufficient for the noble Earl, Lord Lytton, to withdraw his amendment. I also hope that my noble friend Lord Young and the noble Baroness, Lady Pinnock, will not see fit to press their amendments when they are reached.
The Earl of Lytton (CB)
My Lords, first, I thank all noble Lords who spoke in our debate on these amendments. It has certainly given me considerable food for thought. I am grateful to the noble Lord, Lord Young of Cookham, who went through all the promises that have been made but have not yet been dealt with one by one.
I believe that the exclusions are down to the funding assumptions that the Government have made from inception. I go back to something called the consolidated advice note, which, as noble Lords may recall, rather put the cat among the pigeons in terms of how extensive the problem was. Then there was a subsequent attempt to row back, as it were, on the worst effect of that by virtue of the independent expert statement, which itself came 11 months after a disastrous fire concerning Richmond House in the London Borough of Merton. I think we can all see that a process of risk management and managing political exposure is involved here. Unfortunately, that does not cut the mustard for a lot of people will still be stuck, for what seems to me to be an indefinite period, with the problems that they have.
Baroness Pinnock (LD)
My Lords, the noble Baroness, Lady Taylor of Stevenage, has raised a fundamental issue of human rights and dignity. I am really surprised that the Government have so far failed to repeal the Vagrancy Act. It just needs to be deleted from the statute book. Perhaps the Minister can give us the assurance that it will be. If he cannot, and if the noble Baroness, Lady Taylor of Stevenage, wishes to press her amendment to a vote, we will certainly be supporting it.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I thank both noble Baronesses for their comments. I am pretty sure that that will be the only time I am mentioned in the same speech with Beethoven.
In response to Amendment 277 in the name of the noble Baroness, Lady Taylor of Stevenage, I am still clear, as are the Government, that the Vagrancy Act is antiquated and not fit for purpose. I am happy to reassure the noble Baronesses, Lady Pinnock and Lady Taylor, that we will repeal the Vagrancy Act at the earliest opportunity, once suitable replacement legislation has been brought forward. Given that we remain committed to repealing the Vagrancy Act, there is little value in carrying out an assessment of the kind described in the amendment. The House will have ample opportunity to debate the matter when further details on any new legislation are set out.
Amendment 304A, in the name of the noble Baroness, Lady Hayman of Ullock, is on the timing of the statement of levelling-up missions. We have committed within the Bill to publish this within one month of Part 1 of the Act coming into force, which will be two months after Royal Assent. This is already an appropriate and prompt timescale, which includes time to collate materials and data across government departments before the publication and laying of the report. Reducing that time would be unnecessary and may undermine the purpose of the missions: to ensure focus on long-term policy goals. I hope that provides reassurance for the noble Baronesses and that Amendment 277 can be withdrawn, and the other amendment not moved.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Lord, Lord Sharpe, for his response, and I thank the noble Baroness, Lady Pinnock, for her comments. The Minister repeated the assertion that the Vagrancy Act will be repealed at the earliest opportunity. I do not know quite what “earliest” means in the Government’s mind, but it is certainly longer than the amount of time it has taken since the original commitment to repeal the Act.
The fact is that this Act is still being used to penalise homeless people every day in this country. I am not convinced that this is going to move quickly enough without some further steps being taken, so I would like to test the opinion of the House.
Baroness Hayman of Ullock (Lab)
My Lords, I thank my noble friend Lady Young of Old Scone for introducing her amendment and for bringing it back at this stage. Her Land Use in England Committee wrote an excellent report on this, Making the Most out of England’s Land, with a number of recommendations for the Government. As she said, the Government have said that they will look at this. The question is: when and how is that actually going to happen? She made a very important point about the fact that the Government are looking to focus very much from a Defra point of view, whereas actually, if we are to address the wider aspect of land use and tackle many of the conflicting priorities, it has to be done across parties and across departments to be genuinely effective. We have to work across the House and across all departments to come out with something that will actually make a difference.
I confirm our full support for what my noble friend is trying to achieve with this, and I will be grateful if the Minister confirms that the Government are treating this as a priority, that we will see something sooner rather than later, and that the Government are also intending to work right across all departments and to work constructively across the House.
Earl Howe (Con)
My Lords, the noble Baroness, Lady Young, has once again highlighted the important issue of land use, and I am grateful to her for giving me the opportunity to set out the Government’s plans in this area. First, the Government agree with the intention behind the amendment. Major influences on the use of land must be considered in the round—that is completely accepted and indeed it is why Defra has been working closely with a number of other departments to develop the content of the land use framework for England, which will be published this year. The framework will provide a long-term perspective and, to pick up the point the noble Baroness made, it is supported by the latest advances in spatial data science. We have developed the evidence base needed to ensure that policy can make a virtue of the diversity of natural capital across the landscapes of England.
That said, the Government’s view is that it is neither necessary nor sensible to specify the framework’s scope and purpose in legislation at this stage. There is a very simple reason for that: our work on the framework needs to be open to the latest evidence and insights and indeed, if necessary, to change as our understanding continues to develop. However, I reassure the noble Baroness that the principles she has highlighted are very much in our minds as we approach this important task and that we look forward to engaging with her, and indeed everyone else with an interest, in due course. I hope that, with those reassurances, she will feel able to withdraw her amendment.
Baroness Young of Old Scone (Lab)
My Lords, I thank the Minister for his answer. I am delighted to hear that the framework will emerge before the end of the year—I will hold him to that. We all wait to see what the Government come up with. My anxiety is that a set of principles launched on everybody is going to set up antibodies among landowners big and small, because they will not have been consulted on it and that is not the right foot to get off on, no matter how much consultation then follows. I look forward to seeing what the Government produce, and at this point I beg leave to withdraw my amendment.
Baroness Hayman of Ullock (Lab)
My Lords, there are a number of quite disparate amendments in this group, so I will speak briefly to them.
The first is Amendment 281 in the name of the noble Baroness, Lady Pinnock, to which I added my name, on a register of disrepair in schools and hospitals. This raises a very serious issue. She introduced it very clearly and in detail, so I will not repeat what she said other than to endorse her remarks. We are completely behind her amendment and what she is trying to achieve with it. If the noble Baroness wants to test the opinion of the House, she will have our strong support.
Turning to the other amendments, I notice that the noble Lord, Lord Ravensdale, is now in his place. His amendment, around creating a new partnership model for town centre investment zones, has not really been mentioned. We had quite a discussion about this in Committee, in which we expressed our support. I express that support again and urge the Government to work with the noble Lord on how this approach can be taken forward. We need to do something to support many of our town centres, and his suggestions are worth exploring.
My noble friend Lady Young spoke to the amendment of the noble Baroness, Lady Boycott, around local authorities publishing a list of publicly owned land which is suitable for community cultivation and environmental improvement. I totally support the principle of this; it seems like a sensible way forward to improve local growing and the environmental purposes of land.
The noble Baroness, Lady Jones of Moulsecoomb, introduced the amendment of the noble Baroness, Lady Bennett of Manor Castle, around reviewing the air transport sector. We must really think about our approach to this when we look at climate change. Obviously, we must support this important part of our economy. However, there is so much more to consider. I come back to this over and again: why is it so much cheaper to fly than it is to go by train? This has got to be at the core of how we approach this, particularly if you look at what the French Government have done regarding internal flights. It is something we must take a much stronger look at.
Finally, I was going to make the same point as the noble Baroness, Lady Randerson, about surface water flooding. If we are going to pave over more of our towns and cities, we are going to have more of a problem with surface water flooding—it is just a matter of fact. I support the intention of the noble Lord, Lord Lucas, to see what we can do to stop so many of the gardens in our towns and cities being paved over. It is not just about the aesthetics—although, obviously, they are lovely; there is a practical reason to consider this more carefully.
Earl Howe (Con)
My Lords, Amendment 281 in the name of the noble Baroness, Lady Pinnock, considers the important issue of school and hospital safety. It would require the Government to keep a register of schools and hospitals in serious disrepair. Nothing is more important than the safety of pupils, patients and staff in schools and hospitals. That is, I am sure, common ground between us across the House; however, it is our belief that the amendment is unnecessary. Furthermore, we think that it would not, in practice, have the effect that the noble Baroness intends. The Government provide significant funding and support for the upkeep of schools and hospitals, including additional support where there are issues that cannot be fully managed locally.
Earl Howe (Con)
My Lords, the debates that we have had on this subject are a reminder of the importance of onshore wind in meeting our net-zero and carbon budget ambitions. This amendment asks that we change national planning policy on onshore wind to bring forward more onshore wind installations in England. I am pleased to say that the Government have now done this.
Updated policy, which took effect from 5 September, paves the way for more onshore wind projects to come online. It does so, first, by broadening the ways that suitable sites can be identified and, secondly, by ensuring that local councils look at the views of the whole community rather than a small minority when considering a planning application. I know that the noble Baroness, Lady Hayman, is concerned that this does not go far enough but we believe that it is an important and positive change. I fear I really must reject the term “baby steps”. We are committed to increasing the deployment of onshore wind energy and I can assure her that we will keep progress under review, taking into account not only feedback from stakeholders of whatever kind but available data on the schemes themselves, such as those published by the Renewable Energy Planning Database.
The amendment would also remove the requirement for applicants to carry out mandatory pre-application consultation with those communities affected by development. I understand the argument that this requirement does not apply to most other schemes. However, we think that effective engagement is particularly important in this case, given the strength of feeling which onshore wind proposals can generate, and the opportunities which positive engagement can provide for improving understanding and identifying opportunities to address potential impacts on the local area.
I do not like to sound a negative note on an issue like this but, should this amendment pass, it would for a period also create a policy gap for onshore wind. The foundation of the nationally significant infrastructure projects planning process is national policy statements, through which projects are examined against the national need case. Neither the current nor the draft renewable energy national policy statement covers onshore wind, due to it being consented through other routes.
I say again that the Government consider that onshore wind has an important role to play in achieving net-zero targets and we will continue to promote and incentivise deployment across the UK. I am sympathetic to the intentions behind this amendment but I ask the noble Baroness to reflect, before deciding whether to divide the House, that this is an area where we are taking action, as I know she welcomes, and it is important that we give our policy changes the opportunity to work. As local decision-makers are now able to take a more balanced approach to onshore wind applications, and as we will keep progress under review, I hope that I have provided sufficient reassurance for her to feel able to withdraw her amendment.
Baroness Hayman (CB)
My Lords, I am extremely grateful to the Minister for his very considered view this evening and for the time that he and the noble Baroness, Lady Scott of Bybrook, spent discussing this issue with me. I am afraid that I simply cannot accept his argument that what the Government have done is sufficient for the scale of the need. The scepticism that has greeted the Government’s proposals across the industry is such that I think it is really important that the other place has the chance to think again on this issue; they never really thought in terms of wind on the Energy Bill. It is important that they do soi in relation to this Bill, and I wish to test the opinion of the House.
“Amendments of references to “retained direct EU legislation”In the following provisions for “retained direct EU legislation” substitute “assimilated direct legislation”—(a) section 156(3)(e), and(b) section (Regulations: nutrients in water in England)(3)(b).”Member's explanatory statement
This amendment inserts a new Clause which provides that the references in the Levelling-up and Regeneration Bill to “retained direct EU legislation” are to be replaced by references to “assimilated direct legislation”.
“Power to address conflicts with the Historic Environment (Wales) Act 2023(1) The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.(2) That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.(3) Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.(4) In this section—“amend” includes repeal, and related terms are to be read accordingly;a“relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that—(a) is amended by this Act, or(b) relates to an enactment amended by this Act.”Member's explanatory statement
This new Clause confers power to make regulations in consequence of new Welsh legislation which amends some legislation also amended by the Bill and would, if brought into force before the relevant provisions of the Bill, call for some of the changes made by the Bill to be formulated differently.
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name to Clause 231 at line 19 on page 273.
(ii) is not made under section (Power to address conflicts with the Historic Environment (Wales) Act 2023) or under section 230 in consequence of regulations under section (Power to address conflicts with the Historic Environment (Wales) Act 2023).”Member's explanatory statement
This amendment, together with the amendment in the Minister’s name at page 273, line 24, would apply the negative procedure to regulations made under the proposed new clause in the Minister’s name after Clause 230.
“(fa) under section 133(1)(a);”Member's explanatory statement
This amendment provides that the new power to make regulations conferred by the amendment in the Minister’s name to Clause 133 at line 18 of page 162 is subject to negative procedure.
“(ka) under section (Power to address conflicts with the Historic Environment (Wales) Act 2023);”Member's explanatory statement
See the explanatory statement for the amendment in the Minister’s name at page 273, line 4.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers extends to England and Wales, Scotland and Northern Ireland so far as it relates to Chapter 1 of Part 3.
Member's explanatory statement
This amendment provides for Clause 25 (power to provide for election of mayor) and Schedule 2 to the Bill to come into force on Royal Assent.
“(f) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;(fa) section 59 comes into force on the day on which this Act is passed;(fb) sections 60 to 62 come into force at the end of the period of two months beginning with the day on which this Act is passed;”Member's explanatory statement
This amendment makes provision for Clause 59 of the Bill (consent to conferral of police and crime commissioner functions on mayor) to come into force on Royal Assent.
“(q) section (Powers of parish councils) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”Member's explanatory statement
This amendment makes provision that new Clause (Powers of parish councils) comes into force two months after Royal Assent.
Member's explanatory statement
This amendment provides that the new Clause (Biodiversity net gain: pre-development biodiversity value and habitat enhancement) being inserted after Clause 128 in the Minister’s name comes into force at the end of the period of two months beginning with the day on which the Act is passed.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers comes into force at the end of the period of two months beginning with the day on which this Act is passed so far as it relates to Part 6.
Member's explanatory statement
This amendment would have the effect that the new Clauses and Schedule relating to childcare that are tabled in the Minister’s name would come into force by regulations.
Member's explanatory statement
This amendment provides that new Clause (Blue plaques in England), as tabled by the Minister, comes into force 2 months after Royal Assent.
“(10) In this Part—(a) sections 227, 228 and 229 to 235 come into force on the day on which this Act is passed;(b) section (Amendments of references to “retained direct EU legislation”) comes into force at the end of 2023.”Member’s explanatory statement
This amendment provides that the new Clause (Amendments of references to “retained direct EU legislation”) being inserted after Clause 228 in the Minister’s name comes into force at the end of 2023.
Member’s explanatory statement
This amendment amends the long title to reflect the new Clauses and Schedule tabled in the Minister’s name amending the Childcare Act 2006.