Product Regulation and Metrology Bill [HL]

Lord Leong Excerpts

Report stage
Wednesday 5th March 2025 Lords Chamber

Moved by

[Lord Leong]

17: Clause 2, page 3, line 7, at end insert—
“(ca) a person who installs a product in the United Kingdom;”Member's explanatory statement
This amendment clarifies that product requirements may be imposed on installers of products.

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Moved by

[Lord Leong]

23: Clause 2, page 3, line 40, at end insert—
“(9) In this section, a reference to “intangible” components includes software.” Member's explanatory statement
This amendment clarifies that intangible components of products include software.

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We on these Benches recognise the intent behind these amendments, but we believe that the issue was thoroughly debated in Committee. As the noble Lord, Lord Sharpe, himself acknowledged, there was some movement and a response to the concerns, which we demonstrated as well. We therefore think that the Government have adequately addressed these matters and do not feel the need to support the noble Lord, Lord Sharpe, if he seeks to press these amendments.

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I thank the noble Lord, Lord Sharpe, for returning to these amendments on Report. I also place on the record my thanks to the noble Lord, Lord Jackson of Peterborough, for his kind words about me and my colleague.

As discussed in Committee, this is an important debate on how emergency powers are used and scrutinised to ensure appropriate parliamentary oversight, while maintaining the ability to respond quickly in emergency situations. Clause 4 provides the Government with the ability to modify or disapply product regulations in an emergency to ensure the supply of critical products. This could include streamlining conformity assessments or temporarily adjusting certain regulatory requirements to allow essential products to reach the market more quickly, while ensuring public safety remains paramount.

This clause is not about removing oversight but ensuring that, in genuinely urgent situations, we can act swiftly to prevent product shortages, while making sure that parliamentary scrutiny remains central to this approach. Peers will also be aware that Clause 4 is subject to the affirmative procedure, meaning that any regulations made under this power must be laid before Parliament and approved before coming into force. This ensures that both Houses have full oversight and provides for full scrutiny of emergency measures.

Amendment 29, which we discussed in Committee, seeks to require the Government to lay a comprehensive framework before Parliament outlining how Clause 4 powers will be used. As I stated in Committee, the Government are already committed to developing a clear framework on how this policy will operate in practice, in consultation with stakeholders. Indeed, as noble Lords will know, the Government have published a code of conduct on product safety that sets out how our product regulation system currently works, and to support the use of the powers under the Bill.

The code sets out the Government’s proposals on how we expect the emergency powers to work. To summarise a few key points, first, a derogation would be made available only if there were a serious risk of harm to people, businesses or the environment, and would be in compliance with the UK’s international obligations. Secondly, it would be granted only for products deemed critical for an emergency response, where demand exceeds supply. Thirdly, in times of emergency, the Government may temporarily reduce or modify requirements for the product to meet essential health and safety requirements for use in certain settings, provided the market surveillance authority is satisfied with the product’s safety and traceability.

The code of conduct, alongside the Government’s planned framework document, provides just the sort of structure the noble Lord appears to be seeking. In addition, the Government will commit to notifying Members when the framework document is available and place a copy in the Libraries of both Houses. Given these points, and coupled with use of the affirmative procedure, we believe the existing oversight mechanisms are sufficient without the need formally to lay the framework document before Parliament.

Amendment 30 proposes a fixed three-month sunset period, including a review prior to extension; this too was debated at length in Committee. As I set out then, while we understand the importance of ensuring that emergency measures do not remain in place indefinitely, a strict three-month limit is not appropriate for all emergencies. The nature and duration of emergencies can vary significantly: some may require short-term interventions while others may necessitate longer regulatory adjustments. As a result, we believe that the right approach is to tailor the use of time limits to the unique circumstances of the emergency, within the associated secondary legislation. We believe that this approach, supplemented by the use of the affirmative procedure, provides proportionate safeguards and ensures the right level of parliamentary oversight.

It is also important to emphasise that product regulations will form only one part of a broader national emergency response. Clause 4 is not a general power for deregulation, but an exceptional provision strictly limited to emergency situations. These measures will always be taken with appropriate safeguards in place, including time limits where appropriate, ensuring that derogation does not compromise public safety or consumer protections. For these reasons, I must resist these amendments once again and I humbly ask the noble Lord not to press them.

[Lord Sharpe of Epsom (Con)]

My Lords, once again I thank the noble Lord for his very detailed response. I also thank the other two noble Lords who spoke in this brief debate, particularly my noble friend Lord Jackson of Peterborough. The points he made—that these amendments still afford the Government plenty of flexibility, and of course the litigation point—were extremely good ones and I urge the Government to consider them in future deliberations on these amendments and the subject under discussion. Of course, I understand where the noble Lord is coming from, and I am reassured. On Amendment 29, I accept that the clear framework is going to be fairly and comprehensive, and I appreciate the offer of making sure that it is available for other noble Lords to study. We will of course study it in some detail, but I accept the point he was making, and I think he has given me sufficient reassurance.

On the three-month limit, I of course accept that the nature and duration of an emergency may vary. I still do not, if I am honest, see how that precludes explanation and parliamentary scrutiny, but because I am reassured by the noble Lord’s other remarks and his overall willingness to engage on this subject and others, I am more than happy to withdraw the amendment.

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[Lord Leong (Lab)]

My Lords, I thank the noble and learned Lords, Lord Hope and Lord Thomas, and the noble Lord, Lord Fox, for Amendment 31, which concerns consultation with the devolved Governments, and common frameworks. I know I speak for the whole House when I say that the noble and learned Lord, Lord Hope, brings to the fore his knowledge and passion on the subject of devolution and illustrates the very best aspects of the scrutiny function of this House. I certainly valued his insight when we met to discuss his amendment on 30 January.

As mentioned at that meeting, and before I address the substance of Amendment 31, I reiterate that the Government are committed to working collaboratively with devolved Governments. I have met with my ministerial colleagues in all three devolved Governments and my officials are continuing to have discussions at official level with their counterparts. Those discussions have been extremely constructive, and I thank the Ministers and officials from the devolved Governments for the constructive and positive way they have engaged with the Government on this important piece of legislation.

Noble Lords will appreciate that the Bill deals with complex areas of product regulation. Consequently, the Government are not in a position to bring forward devolution amendments at this time, while discussions are ongoing. This is not unprecedented or novel. Indeed, many devolution amendments are brought forward in the second House, and the Government expect that this will be the case with this legislation.

This amendment would ensure that the devolved Governments are consulted on matters in devolved competence under the Bill and that the Secretary of State has the power to exclude the application of this requirement for matters covered by a common framework where a relevant agreement is reached. I reassure the House that the UK Government will continue to ensure that the devolved Governments are properly consulted when discussing product matters that are devolved or that impact within devolved areas. For example, in Committee, we set out some of the ways we engage with devolved Governments already, including the goods regulation group, run by the Department for Business and Trade, which met recently on 9 January, when this Bill was discussed.

Amendment 31 also touches on common frameworks. It is unlikely that products affected by regulations made under the Bill would fall under any extant common framework. That is because of the tight scope of the common frameworks. Therefore, the specific subject matters currently covered by common frameworks are unlikely to intersect with the subject matter of this Bill. However, the UK Government are actively considering their broader approach to common frameworks and will keep this under review. As the noble and learned Lord, Lord Hope, so eloquently set out in Committee, the purpose of common frameworks is to facilitate a joint approach with devolved Governments where policy is GB-wide.

I reassure all noble Lords that working closely with the devolved Governments is a priority and will take place on regulations made under the Bill, whether the products in question fall under a common framework or not. Consequently, while ministerial and official-level discussions are ongoing, I ask that the House does not pre-empt the outcome of those discussions by agreeing this amendment. I remain confident that, through our continued positive engagement with devolved Governments, we can reach a mutually beneficial solution, and I am happy to keep the House abreast of developments. In that light, I respectfully ask the noble and learned Lord to withdraw the amendment.

[Lord Hope of Craighead (CB)]

My Lords, I am very grateful to all noble Lords who took part in this short debate, and especially to the Minister for his very helpful reply.

On the first part of my amendment, which concerns consultation with the devolved Administrations, I absolutely accept this Government’s commitment to close co-operation. I am sure that those in the devolved Administrations are equally grateful for the way in which this Government are engaging with them, which is a considerable improvement from what it was not so long ago. However, one must remember that Governments change, and undertakings that are genuinely given on behalf of this Government by the Minister may not last for ever. That is why the noble and learned Lord, Lord Thomas, emphasised that putting something into the legislation is so important. I am sure that that matter will require careful consideration in the other House, when the Bill goes there. On that basis, I am happy to accept the assurances the Minister has given me.

On the common frameworks, I was encouraged to learn in our discussion that they are now being overseen by the Cabinet, which was not the case at an earlier stage. The fact they are being overseen there is itself an assurance that the matter is being properly looked after. I hope that the Government will keep an open mind as they more carefully think through this. They must bear in mind the point made by the noble Lord, Lord Fox, that we are looking into the future as well as at the position now; that is an important factor. With grateful thanks to the Minister, I beg leave to withdraw my amendment.

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[Lord Fox (LD)]

My Lords, when I saw the manuscript amendment some time mid-morning, I was disappointed. I thought we were not going to get a reprise of the speech of the noble Lord, Lord Sharpe, which very few of your Lordships will have appreciated, because it was in Grand Committee, but I am relieved that he was able to give another rendition of it before speaking to the amendment. I understand he may take it on tour to provincial theatres—if he can get the backing.

The noble Lord having tabled this amendment, we then find a manuscript amendment, on which I have to say I congratulate the noble Lord. I have not participated in a manuscript amendment process before, so it was quite good to see it in action. As he noted, last week the Opposition chose to use some of their time in the Commons to debate the noble Lord’s then amendment. He mentioned the speech of my colleague, Daisy Cooper. I commend it to your Lordships, because it was both engaging and very thorough, setting out all the things the Conservative Government did to make the job of a publican much, much harder.

On a serious note, I join the noble Lord in saying, “Minister, please don’t repeat those errors. Many of Britain’s pubs are teetering on the brink; please don’t be the Government who make the final push.” But that is a debate for another day and another Bill, which we will see soon. The issue described by this amendment is not that fatal push for those publicans. For some inexplicable reason, the noble Lord, Lord Sharpe, chose to split his amendment from my Amendments 38A and 38B. I will be giving the speech I would have given, had they been in the same group, but I assure your Lordships that I will not then repeat that speech when we get to the next group.

I do not believe that the Minister or his Government have ever had any intention of banning the pint glass, and I am sure the noble Lord, Lord Sharpe, does not believe that either. However, what we are talking about now is some form of reassurance. So while my honourable friend Daisy Cooper talked about this being unnecessary, she and I agree that this is an opportunity for the Government to reassure people that they have no intention of doing it, and that, as the noble and learned Lord, Lord Hope, mentioned in a different context, a future Government would not have that option either.

I ask myself, if the noble Lord, Lord Sharpe, is so passionate about the pint, why does he not also care about the pinta? The iconic pint milk bottle is so redolent of the UK, and it deserves the same reassuring protection as the pint glass. I have to say that my father milked cows: milk flows through my veins. So I tabled Amendment 38A, which ensures that both the pint and the pinta enjoy the reassurance of this Bill. It was the tabling of this new amendment, Amendment 38A, that caused the noble Lord, Lord Sharpe, to remember that, as well as bars, there are doorsteps. Perhaps the two should not be mixed—certainly not sequentially.

It caused him to realise that he was in danger of proposing an amendment that forgets the milkmen and women on their pre-dawn delivery rounds in so many of our streets—the whir of the float, the clink of the crates. A manuscript amendment was tabled this morning. I did not know that manuscript amendments could be used to completely change an amendment; I thought they were for spelling errors and suchlike. If my mother were still alive, she would have deemed it too clever by half. Sadly, she is not.

The purpose of this debate is to assure the public of the continuation of the use of this iconic imperial measure for the purposes we have discussed. I am not entirely sure that the manuscript amendment, Amendment 38ZA, buttons things down in the way that the noble Lord, Lord Sharpe, asserts, but I do know that Amendment 38A does this, in plain sight and with no cross-referencing.

I think that the Minister and I see eye to eye on this. That is why I am hopeful that he will indicate support for my Amendments 38A and 38B, and that the Government will accept both. It is clear that, in the event of that acceptance, the hastily amended effort from the noble Lord, Lord Sharpe, would be unnecessary. Amendment 38A covers both alcohol and milk. By persuading the Government to accept it, we will have ensured clear and overt reassurance of the preservation of the pint and the pinta. This assurance, and the knowledge that this measure will endure and not be reversed by a Commons majority, are important. We will not support the amendment from the noble Lord, Lord Sharpe, safe in the knowledge that we have rewritten the Bill effectively and avoided any reverse or any ping-pong.

[Lord Leong (Lab)]

My Lords, I thank the noble Lord, Lord Sharpe, for tabling Amendment 38—and manuscript Amendment 38ZA, tabled this morning—and for reminding the House of the importance of the pint measure for certain alcoholic beverages. Although the noble Lord degrouped Amendment 38, the Government’s view is that this amendment and the two similar amendments tabled by the noble Lord, Lord Fox, should be debated together. I will therefore make my substantive contribution on the entire subject now.

I reiterate that the Government have absolutely no plans to change the rules around the use of the pint measurement. With the weather finally improving, it is very much my hope that pubs up and down the country will be full of customers enjoying pints of refreshing beer or cider. While it remains our view that an amendment to the Bill is not strictly necessary, because of the advocacy of the noble Lord, Lord Sharpe, the Government have reflected and agree that a provision in this area would offer reassurance to this important sector.

I am grateful to the noble Lord for bringing this amendment back and recognise his efforts to improve on it through today’s manuscript amendment. However, doing so at such a late stage is not the way to develop effective legislation, particularly in a complex area such as metrology. We have always been clear that we are committed to the continued use of the British pint and that regulations made using powers in this Bill would continue to preserve it.

Although the noble Lord’s amendments are well intentioned, they are lacking in a few key areas. First, the effect of the amendment is not sufficient in scope to truly protect the pint. It is focused on preventing powers under the Bill being used to amend the Weights and Measures Act 1985 to remove the pint as a measurement, but it does not prevent the powers in the Bill being used more generally to make that change. While the Government are clear that there will be no change to the measurement of a pint, to truly protect it, the Government believe that a more expansive view should be taken, as in the amendment from the noble Lord, Lord Fox.

On the difference in terminology, with the noble Lord, Lord Sharpe, referring to sale and marketing but the noble Lord, Lord Fox, mentioning marketing alone, the Government’s view is that Amendment 38 would in practice have a narrow application and therefore be less helpful in achieving the very aim of the noble Lord by safeguarding the pint.

The noble Lord, Lord Sharpe, is right that his amendment is consistent with the language used in the Weights and Measures Act 1985. However, the Bill makes a number of changes to that legislation, which I will come to shortly, and uses the term “marketing” throughout. It is a defined term that means making available on the market, which is more expansive than sale or trade, and may include, for example, making available without charge.

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[Lord Sharpe of Epsom (Con)]

Obviously, we do not have a huge amount to say at this precise moment, but I point out for the record that manuscript Amendment 38ZA included reference to Part IV of Schedule 1 to the Weights and Measures Act 1985, which also specifies 0.56826125 cubic decimetres. Once again, I commend the noble Lord, Lord Fox, on his masterclass in semantics. Had he accepted mine, this amendment would have been entirely unnecessary. With that, I have nothing left to say.

[Lord Leong (Lab)]

My Lords, I thank the noble Lord, Lord Fox, for his amendments on preserving the pint in relation both to draft beer and cider and to milk in returnable containers. As I outlined on the last group, the Government propose to accept these amendments. They will bring greater clarity and certainty to protect the use of the pint, delivering the intent of the amendment from the noble Lord, Lord Sharpe. I am grateful to the noble Lord, Lord Fox, for bringing these alternative amendments forward. I hope that the House will accept Amendments 38A and 38B. Having these workable provisions in the Bill will send an important message that the pint is here to stay. I look forward to raising a pint with both the noble Lords, Lord Sharpe and Lord Fox, in due course. Cheers.

Amendment 38A agreed.

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Moved by

[Lord Leong]

42: After Clause 8, insert the following new Clause—
“Application to existing product and metrology provision(1) The power to make product regulations includes power to make— (a) in connection with existing product requirements, any provision described in section 2(4), (6) or (7) that could be made if the existing product requirements were product requirements in product regulations;(b) in connection with existing product provision, any provision described in sections 3, 4, 7 and 8 that could be made if the existing product provision were provision in product regulations.(2) The power to make metrology regulations includes power to make, in connection with existing metrology provision, any provision described in sections 6 to 8 that could be made if the existing metrology provision were provision in metrology regulations.(3) In this section—“existing metrology provision” means provision in—(a) subordinate legislation made before the passing of this Act, or(b) assimilated direct legislation,as amended from time to time, that could be made under section 5;“existing product provision” means provision in—(a) subordinate legislation made before the passing of this Act, or(b) assimilated direct legislation,as amended from time to time, that could be made under section 1;“existing product requirements” means requirements contained in existing product provision that could be product requirements in product regulations;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act).”Member's explanatory statement
This amendment enables the Secretary of State to use the powers in clauses 1 and 5 to amend or supplement provision in existing legislation about products and metrology, where that provision could have been made under the powers in the Bill.

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[Lord Hunt of Wirral (Con)]

My Lords, to echo what my noble friend Lord Lansley has just said, we are reflecting at the moment on how this country is governed and the extent to which the Executive can be held to account.

In many ways we take pride in our committees. I know from what he has said in the past about government legislation that the noble Lord, Lord Hunt of Kings Heath, has many times criticised what we describe as skeleton Bills. In effect, the Government are saying, “Please allow us to do whatever we eventually decide we would like to do, but give us that power now and we will then do it by secondary legislation”. Speaking as the immediate past Chair of the Secondary Legislation Scrutiny Committee, I always worked very closely with my colleagues in the Delegated Powers and Regulatory Reform Committee. Although my noble friend Lord Lansley said a few moments ago that the Government had introduced a number of amendments, they came back before the Delegated Powers and Regulatory Reform Committee, which said, “That’s not enough”. So, in a way, we are now deciding whether or not the Government are right to ignore the unanimous report of the Delegated Powers and Regulatory Reform Committee.

I turn to Amendments 48, 57 and 58 standing in the name of my noble friend Lord Sharpe. I commend my noble friend Lady Lawlor, and my noble friends Lord Frost, Lord Jackson of Peterborough and Lord Lansley, for all that they have said. But, to summarise, this is our last real opportunity to deal with what is in effect a skeleton Bill that allows an unacceptable transfer of power from an elected legislature to the Executive.

We welcome the amendments the Government have put forward, but let me quote from paragraph 8 of the unanimous report of 20 February from the Delegated Powers and Regulatory Reform Committee, from which I have quoted before. Having considered all the issues, it said,

“these are limited changes that do not address the fundamental concern we have about the skeletal nature of this Bill”.

There is of course provision for consultation, which is warmly to be welcomed, but the committee said,

“consultation is not a substitute for Parliamentary scrutiny”.

Surely, we as a House must agree with that.

It is not enough simply to engage stakeholders behind closed doors while sidelining proper legislative oversight. The Bill in its current form creates a dangerous precedent. This Parliament is asked to cede control over critical regulatory decisions in favour of unchecked Executive power. That is surely not how this democracy should function. If the Government are serious about ensuring transparency, accountability and proper legislative oversight, they must surely go beyond mere consultation and commit to meaningful parliamentary scrutiny at every stage of the regulatory process.

In a moment we will hear from the noble Lord, Lord Leong. Will he allow me to quote him? In Committee on 20 November, he said this:

“Some regulations will relate to very minor technical changes, so it really would be taking up too much parliamentary time for that, whereas other regulations may need a full scrutiny, and we will have avenues for that”.—[Official Report, 20/11/24; col. 39.]


What I ask is—and I hope the Minister will reply in a moment—what are those avenues exactly? The Government are yet to provide any clarity at all on how they will distinguish between so-called minor technical changes and more significant regulatory shifts. They have yet to explain why the negative procedure will apply to all subsequent provisions. If some regulations will require full scrutiny, as the Minister acknowledged, why do his Government, in this Bill, predetermine that every future provision beyond the first use of the power will require the negative procedure?

The Government cannot state for a fact that all future provisions will be technical. Markets change, technology advances and legal interpretations, as all lawyers in this House know only too well, will shift. This is precisely why proper parliamentary scrutiny must remain in place for all product and metrology regulations, as recommended by a committee of this House. If the Government concede that some regulations may need full scrutiny then it follows that the affirmative procedure should apply in all cases. Anything less simply hands Ministers a blank cheque to determine the level of scrutiny after the fact, with Parliament left powerless to insist on proper oversight.

I said that I would refer to the noble Lord, Lord Hunt of Kings Heath, because I remember what he said. I looked it up when I heard he was going to be here. He said about the Medicines and Medical Devices Bill, admittedly in 2021:

“We are increasingly seeing the use of skeleton Bills and Henry VIII clauses. We really must come to a point where we say to the Government”—


I would add any subsequent Governments—

“that we will not put up with this any longer”.—[Official Report, 12/1/21; col. 657.]

As he reflects on his words, I hope he will offer some wise advice to his good colleague.

I urge the Government to reconsider their position and accept the DPRRC’s recommendation that powers should be constrained so that product regulations and metrology regulations are, in all cases, subject to affirmative procedure scrutiny. Surely that is the very least that is required to ensure proper democratic accountability.

[Lord Leong (Lab)]

My Lords, I thank all noble Lords who have spoken. I will speak to the government amendment and respond to the debate. I thank all noble Lords who have contributed to the development of the government amendment for raising in Committee the important matter of ensuring that there is appropriate parliamentary scrutiny of regulations made under the Bill.

I will touch first on the affirmative procedure. In the light of concerns from Peers, the DPRRC and the House of Lords Constitution Committee, Amendment 55 increases the number of provisions that will be subject to the affirmative procedure to include certain types of new or novel provisions. These provisions are product regulations made in relation to online marketplaces and where requirements are imposed for the first time on any new category of actors in the market. The amendment will ensure that appropriate parliamentary scrutiny is applied to new regulatory approaches for online marketplaces, and for regulations that place duties and product requirements on new supply chain actors for the first time, while maintaining the flexibility to make timely, uncontentious technical updates to existing regulations.

However, the Government accept that making regulations for new or novel matters makes the higher level of parliamentary scrutiny more appropriate. Therefore, when product regulations made under the Bill seek to impose a requirement on a new type of supply chain actor that is not otherwise listed in Clause 2(3), the affirmative procedure will apply the first time such requirements are laid.

I turn to Amendments 48, 56, 57 and 58. I thank all noble Lords for their concerns regarding the affirmative procedure. On Amendment 48, we discussed the importance of consultation last week, particularly in relation to the Government’s statutory consultation amendment. I do not really want to repeat these arguments, apart from saying that regulations brought forward under this Bill will have been informed by consultation with key stakeholders. Specifically, on Amendment 43A, our recently published code of conduct sets out that regulations under this Bill will be subject to assessment and engagement with an appropriate range of stakeholders, including scientific evidence where appropriate.

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[Lord Lansley (Con)]

I am not sure that the noble Lord has explained why the regulations that allow UK product requirements to be set by reference to European Union law are uncontentious and highly technical. They seem to me to be neither of those things.

[Lord Leong (Lab)]

My Lords, like I say, I really do not want to repeat what we debated last week, but the whole purpose of where we are today is to give us the freedom either to diverge from or to mirror any regulation, particularly product regulation, as most of it comes from the European Union. Either we follow it, or we do not—that is the freedom that we have.

As I said, I am aware that we have Third Reading still to come but, as we approach the end of Report, I thank all noble Lords for their contributions. It will probably come as no surprise that, for the reasons that I outlined earlier, I ask for the amendment to be withdrawn.

[Baroness Lawlor (Con)]

I beg leave to withdraw Amendment 43A.

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Moved by

[Lord Leong]

44: Clause 9, page 9, line 19, leave out subsection (1) and insert—
“(1) In the Consumer Protection Act 1987 omit Parts 2 and 4.”Member’s explanatory statement
This amendment repeals Parts 2 and 4 of the Consumer Protection Act 1987.

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Moved by

[Lord Leong]

50: Clause 10, page 10, line 19, after “service” insert “or feature of a service”
Member’s explanatory statement
This amendment includes a feature of a service in the definition of “online marketplace”.

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Moved by

[Lord Leong]

55: Clause 11, page 11, line 10, at end insert—
“(za) the first provision described insection 2(2)(d)contained in product regulations;(zb) the first provision described insection 2(3)(d)contained in product regulations;(zc) provision described insection 2(3)(h)that imposes the first product requirements on the category of person specified in that provision;”Member’s explanatory statement
This amendment applies the affirmative resolution procedure to additional provisions.

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Moved by

[Lord Leong]

61: Clause 11, page 11, line 18, at end insert—
“(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”Member’s explanatory statement
This amendment would require the Secretary of State to consult such persons as they consider appropriate before making regulations under this Act.

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Moved by

[Lord Leong]

63: Clause 13, page 11, line 21, at end insert—
“(A1) Section 9(1) and (3) comes into force on such day as the Secretary of State may by regulations appoint, and the Secretary of State may appoint different days for different purposes.”Member’s explanatory statement
This amendment amends the commencement clause to provide for new subsections (1) and (3) of section 9 to be brought into force by regulations made by the Secretary of State.

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Moved by

[Lord Leong]

65: Clause 13, page 11, line 22, at beginning insert “The rest of”
Member’s explanatory statement
This amendment amends the commencement clause to provide for new subsections (1) and (3) of section 9 to be brought into force by regulations made by the Secretary of State.

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Moved by

[Lord Leong]

67: Schedule, page 12, line 17, leave out paragraph 7 and insert—
“7 Aircraft and components of aircraft.This paragraph does not include—(a) unmanned aircraft designed or intended (whether or not exclusively) for use in play by children under 14 years old, and(b) radio equipment which is a component of unmanned aircraft.In this paragraph—(a) “aircraft” and “unmanned aircraft” have the meanings given by Article 3 of Regulation (EU) No 2018/1139 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency;(b) “radio equipment” has the meaning given by regulation 2 of the Radio Equipment Regulations 2017 (S.I. 2017/1206).7A Products used or specifically designed for the purpose of operating or controlling aircraft, training persons in the operation or control of aircraft or ensuring the safe operation or control of aircraft.This paragraph does not include radio equipment used or specifically designed for the purpose of operating or controlling unmanned aircraft, training persons in the operation or control of unmanned aircraft or ensuring the safe operation or control of unmanned aircraft.In this paragraph “aircraft”, “unmanned aircraft” and “radio equipment” have the same meanings as in paragraph 7.”Member’s explanatory statement
This amendment would add certain products used or specifically designed for the purpose of operating or controlling aircraft, training persons in the operation or control of aircraft or ensuring the safe operation or control of aircraft into the Schedule of excluded products.