Alex White (Labour)

I move amendmentNo. 5:

In page 6, between lines 26 and 27, to insert the following subsection:

"(4) Regulations made in whole or in part under section 12 of the Roads Act 1920 which relate to matters other than those referred to in subsection (3) and are in force immediately before or upon the coming into operation of the Local Government (Roads Functions) Act 2007, continue in force and may be amended or revoked in respect of those matters by the Minister for the Environment, Heritage and Local Government.".

We are concerned that section 2(3) could create an anomaly because it preserves certain regulations made under the Roads Act 1920, without specifying what happens to all the other regulations although the Bill amends section 12. It maintains certain regulations under the remit of the Department of the Environment, Heritage and Local Government but is silent on the other regulations. We suggest that to avoid this anomaly or ambiguity the Bill should specify that all regulations under section 12 continue in force. I understand there may be an objection to putting something in legislation that the sponsoring Minister feels may be superfluous or not required but where there is a possibility of ambiguity I feel it is best practice for us, as legislators, to put the matter beyond doubt. That would be the effect of this amendment were it accepted.