Letter from Lord Owen to Clerk of The Lords Secondary Legislation Committee re Section 75 Regulations

Letter from Lord Owen to The Clerk of the Lords Secondary Legislation Scrutiny Committee, 4 March 2013

Dear Clerk

Further to my email of 22 February I have now seen a recent letter that Earl Howe has sent to his colleagues in the House of Lords. The letter states that the Section 75 Regulations “enshrine the principle that it is Commissioners who are best placed to determine requirements for improving services and to decide which provider or providers are best able to deliver those requirements.” What the letter does not state is that in making these decisions, Commissioners must abide by all of the Regulations and any failure to do so will be investigated and remedied by Monitor. It was because of our concern over this ambiguity and potential conflict that we attached importance to Earl Howe’s commitment in the House of Lords when he said, “This will be made absolutely clear through secondary legislation and supporting guidance as a result of this Bill’…

To read the full letter please click here