Clause 48 - Meaning of “appropriate national authority” and “enactment”

Animal Welfare (Kept Animals) Bill – in a Public Bill Committee am 11:45 am ar 18 Tachwedd 2021.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Victoria Prentis Victoria Prentis The Minister of State, Department for Environment, Food and Rural Affairs 11:45, 18 Tachwedd 2021

I beg to move amendment 54, in clause 48, page 31, line 6, leave out from “authority”” to end of line 15 and insert

“, in relation to a power to make provision, means—

(a) the Secretary of State;

(b) the Scottish Ministers, so far as the provision would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;

(c) the Welsh Ministers, so far as the provision would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.

(2A) But the Secretary of State may make regulations under section 43 or 46 only with—

(a) the consent of the Scottish Ministers, if the regulations contain provision that could be made under that section by the Scottish Ministers;

(b) the consent of the Welsh Ministers, if the regulations contain provision that could be made under that section by the Welsh Ministers.”

This amendment amends the definition of “appropriate national authority” to provide that the devolved authorities’ powers are limited by reference to devolved legislative competence.

Photo of Geraint Davies Geraint Davies Llafur, Gorllewin Abertawe

With this it will be convenient to discuss the following:

Government amendments 57, 61, 63, 64, 69 and 70.

Government new clause 2—Concurrent functions in Wales.

Photo of Victoria Prentis Victoria Prentis The Minister of State, Department for Environment, Food and Rural Affairs

The amendments in this group are technical and concerned with the way in which Scottish and Welsh Ministers may make regulations under the Bill. Amendment 54 amends clause 48 to ensure that the powers to make regulations under part 4 are consistent with devolution arrangements. Amendment 57 amends clause 50 and provides Scottish and Welsh Ministers with powers to amend other legislation where there are consequential changes.

Amendment 61 amends clause 51 and removes a reference to clause 49. Amendments 63 and 64 also amend clause 51 to provide for the commencement of new clause 2, which will come into force two months following Royal Assent. Amendments 69 and 70 amend clause 52 to confirm that the territorial extent on the amendments to the Government of Wales Act 2006 is the same as for that Act.

Amendment 54 agreed to.

Clause 48, as amended, ordered to stand part of the Bill.