Statement of Policy on Section 69 powers

A power held by the LSB is to make recommendations to the Lord Chancellor under section 69 of the LSA. Under that section the Lord Chancellor may by order modify, or make other provision relating to, the functions of an approved regulator. This can include modifying provisions made by or under any enactment, instrument or document. The impact of this type of power is to enable primary legislation to be amended or repealed by secondary legislation with or without further parliamentary scrutiny.

At the end of the summer, the LSB consulted on proposals for how this power might be exercised. The decision document released today sets out the Board’s conclusions in this area.