‘(1) Regulations under section (Power to test different ways of working) are subject to the negative resolution procedure if they only—

(a) relate to requirements imposed by subordinate legislation that was not subject to affirmative resolution procedure, or

(b) revoke earlier regulations under that section.

(2) Any other regulations under section (Power to test different ways of working) are subject to the affirmative resolution procedure.

(3) At the same time as laying a draft of a statutory instrument containing regulations under section (Power to test different ways of working) before Parliament, the Secretary of State must lay before Parliament a report—

(a) explaining how the purpose mentioned in subsection (1) of that section is expected to be achieved, and

(b) confirming that the regulations are not expected to have a detrimental effect on the welfare of any child and explaining any measures that have been put in place to ensure that is the case.

(4) If regulations under section (Power to test different ways of working) are subject to the affirmative resolution procedure and would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, they are to proceed in that House as if they were not a hybrid instrument.

(5) For the purposes of subsection (1)(a) subordinate legislation “was not subject to affirmative resolution procedure” if it was not subject to any requirement for a draft to be laid before, and approved by a resolution of, each House of Parliament.’—

This new clause would set out of the procedure for making regulations about testing different ways of working under NC2. Most regulations are subject to affirmative resolution procedure, with the two exceptions mentioned in subsection (1)(a) and (b) of the clause. The Secretary of State is also required to lay a report before Parliament dealing with the matters mentioned in subsection (3).

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided:

Ayes 10, Noes 5.

Question accordingly agreed to.

New clause 4 read a Second time, and added to the Bill.

New Clause 5