Member

The Government’s amendments set out the requirement to consult the devolved Governments before making regulations under the regulation-making powers set out in Clauses 1, 3, 10 and 11. These powers are in Clause 1(8), which allows the Secretary of State to make regulations extending the period of time under which they can direct the counterparty to enter into contracts by up to five years at a time; Clause 3(1), which gives the Secretary of State powers to make regulations requiring the counterparty to maintain a register of information on revenue certainty contracts and publish details about them; Clause 10(1), which gives the Secretary of State powers to make regulations requiring the counterparty to pay a surplus to levy payers, and require levy payers to pass on the benefits of that surplus to their customers; and Clause 11(4), which gives the Secretary of State powers to make regulations which amend financial penalties in line with inflation, and make provision on how a company’s turnover is determined for the purpose of financial penalties. I conclude that this does not affect the delivery of the Bill or the policy intent. Final decisions will still be taken by the Secretary of State for Transport.