House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

75

House of Commons

Tuesday 11 October 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bodies Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [8 September 2011].

Mr Mark Williams

Hywel Williams

54

Clause  4,  page  2,  line  42,  at end insert—

‘(3)
In determining or prescribing any amount to be paid to Sianel Pedwar Cymru

under section 61 of the Broadcasting Act 1990 the Secretary of State shall ensure

that the amount is sufficient to enable the Authority to fulfil its public service

remit in respect of S4C Digital under section 204(3) of, and paragraph 3(3) of

Schedule 12 to, the Communications Act 2003 throughout the period to which the

amount relates.’.

Mr Nick Hurd

9

Schedule  4,  page  21,  line  9,  leave out ‘Civil Justice Council.’.

Roberta Blackman-Woods

Jon Trickett

50

Schedule  4,  page  21,  line  10,  leave out ‘Commission for Equality and Human

Rights’.

Public Bill Committee: 11 October 2011
76

Public Bodies Bill-[Lords], continued

Roberta Blackman-Woods

Jon Trickett

58

Schedule  4,  page  21,  line  14,  leave out ‘Natural England’.

Mr Nick Hurd

10

Schedule  4,  page  21,  line  16,  leave out ‘Sianel Pedwar Cymru (“S4C”).’.

Mr Nick Hurd

11

Schedule  5,  page  21,  line  22,  at end insert ‘Chief Coroner, Deputy Chief Coroners,

Medical Advisers to the Chief Coroner and Deputy Medical Advisers to the Chief

Coroner.’.

Mr Nick Hurd

12

Schedule  5,  page  21,  line  23,  leave out ‘Civil Justice Council.’.

Roberta Blackman-Woods

Jon Trickett

51

Schedule  5,  page  21,  line  24,  leave out ‘Commission for Equality and Human

Rights’.

Charlie Elphicke

Mr Dominic Raab

Sam Gyimah

36

Schedule  5,  page  21,  line  24,  at end insert—


‘Dover Harbour Board’.

Mr Nick Hurd

47

Schedule  5,  page  21,  line  25,  at end insert ‘Her Majesty’s Stationery Office.’.

Valerie Vaz

60

Schedule  5,  page  21,  line  27,  leave out ‘Human Fertilisation and Embryology

Authority’.

Roberta Blackman-Woods

Jon Trickett

52

Schedule  5,  page  21,  line  28,  leave out ‘Human Tissue Authority’.

Public Bill Committee: 11 October 2011
77

Public Bodies Bill-[Lords], continued

Roberta Blackman-Woods

Jon Trickett

59

Schedule  5,  page  21,  line  29,  leave out ‘Internal drainage boards for areas wholly

or mainly in England’.

Charlie Elphicke

Mr Dominic Raab

Sam Gyimah

37

Schedule  5,  page  22,  line  11,  at end add—

‘2
Sections 22(1) and 22(2)(a) do not apply to an order under section 5 which

provides for the functions of the Dover Harbour Board to be transferred to

another person.’.

Roberta Blackman-Woods

Jon Trickett

53

Schedule  5,  page  22,  line  11,  at end insert—

‘2
An order may not be made in respect of the Human Fertilisation and

Embryology Authority unless an independent review indicates that the terms

of such an order made under section 5(1) would increase the cost-effectiveness

and efficiency of the functions exercised by the Authority and would deliver a

net benefit.’.

Mr Nick Hurd

13

Clause  6,  page  3,  line  24,  at end insert—

‘( )
The consent of the Treasury is required to make provision by virtue of subsection

(2)(b) or (3) modifying funding arrangements.’.

Mr Mark Williams

Hywel Williams

57

Clause  9,  page  5,  line  3,  at end insert ‘or would relate to Sianel Pedwar Cymru.’.

Mr Nick Hurd

43

Clause  10,  page  5,  line  31,  after ‘Wales’ insert ‘or the Welsh Ministers’.

Public Bill Committee: 11 October 2011
78

Public Bodies Bill-[Lords], continued

Mr Mark Williams

Hywel Williams

56

Clause  10,  page  5,  line  31,  at end insert—

‘(ea)
the National Assembly of Wales, if the proposal relates to Sianel Pedwar

Cymru,’.

Mr Nick Hurd

14

Clause  10,  page  5,  line  40,  at end insert—

‘( )
Subsection (1)(a) does not apply to a body with no members or an office which

is vacant; and, where a body is consulted under that provision, any vacancy in its

membership is immaterial.’.

Jon Trickett

61


Clause  11,  page  6,  line  9,  at end insert—

‘(e)
contain a report on savings expected to be made to public funds as a result

of the making of the order.’.

Mr Nick Hurd

66


Page  9,  line  20,  leave out Clause 16.

Mr Nick Hurd

44

Clause  19,  page  10,  line  40,  at end insert—

‘( )
Subsection (1)(a) does not apply to a body with no members or an office which

is vacant; and, where a body is consulted under that provision, any vacancy in its

membership is immaterial.’.

Hywel Williams

62


Clause  24,  page  14,  line  2,  at end insert—

‘( )
Where a transfer scheme provides for the transfer of an employee to an eligible

person, or so as to become employed in the Civil Service, the scheme must

provide for the TUPE regulations to apply (to the extent that they would not

otherwise apply) as if—

(a)
any transfer of functions (however effected and described) to an eligible

person or the Crown were a transfer of an undertaking;

Public Bill Committee: 11 October 2011
79

Public Bodies Bill-[Lords], continued

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations;

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

( )
A transfer scheme may provide for the transfer of an employee to an eligible

person or so as to become employed in the Civil Service despite any provisions,

of whatever nature, which would otherwise prevent the employee from being so

transferred.’.

Jon Trickett

64


Clause  24,  page  14,  line  2,  at end insert—

‘(4A)
Where a transfer scheme provides for the transfer of an employee to an eligible

person or so as to become employed in the civil service of the state the scheme

must provide for the TUPE regulations to apply (to the extent that they would not

otherwise apply) as if—

(a)
any transfer of functions (however effected and described) to an eligible

person or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations;

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(4B)
A staff transfer scheme may provide for the transfer of an employee to an eligible

person or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

Hywel Williams

63


Clause  24,  page  14,  line  20,  leave out subsection (6)(f).

Jon Trickett

65


Clause  24,  page  14,  line  20,  leave out paragraph (f).

Mr Nick Hurd

15

Clause  26,  page  15,  line  35,  after first ‘duty’, insert ‘, stamp duty land tax’.

Public Bill Committee: 11 October 2011
80

Public Bodies Bill-[Lords], continued

Mr Nick Hurd

67


Clause  28,  page  16,  line  4,  after ‘Act’, insert ‘, other than an order under sections

[Delegation of functions by Environment Agency] to [Shared services: Forestry

Commissioners],’.

Mr Nick Hurd

68


Clause  29,  page  16,  line  32,  at end insert—

‘“non-devolved function” means a function that is not a Welsh devolved

function;’.

Mr Nick Hurd

69


Clause  29,  page  17,  line  7,  leave out ‘section 16’ and insert ‘section [Delegation of

Welsh environmental functions]’.

Mr Nick Hurd

70


Clause  29,  page  17,  line  7,  at end insert—

‘“Welsh environmental function” means a Welsh devolved function

relating to the environment.’.

Mr Nick Hurd

45

Clause  30,  page  17,  line  19,  at end insert ‘subject as follows’.

Mr Nick Hurd

17

Clause  30,  page  17,  line  19,  at end insert—

‘(2)
The repeals in Schedule [regional development agencies: consequential repeals]

(regional development agencies: consequential repeals) have the same extent as

the enactments to which they relate.’.

Mr Nick Hurd

46

Clause  30,  page  17,  line  19,  at end insert—

‘( )
The amendments made by section [V & A, Science Museum, Kew and English

Heritage] (V & A, Science Museum, Kew and English Heritage) have the same

extent as the enactments which they amend.’.

Public Bill Committee: 11 October 2011
81

Public Bodies Bill-[Lords], continued

Mr Nick Hurd

18

Clause  31,  page  17,  line  24,  at end insert ‘subject as follows’.

Mr Nick Hurd

19

Clause  31,  page  17,  line  24,  at end insert—

‘( )
Sections 10 and   11 (consultation and procedure) and 28 to 32 (final) come into

force on the day on which this Act is passed.’.

Mr Nick Hurd

20

Clause  31,  page  17,  line  24,  at end insert—

‘( )
Section [regional development agencies] and Schedule [regional development

agencies: consequential repeals] (regional development agencies) come into

force on such day as the Secretary of State may by order appoint (and different

days may be appointed for different purposes, including the purposes of different

regional development agencies).’.

Mr Nick Hurd

21

Clause  32,  page  17,  line  27,  leave out subsection (2).

New Clauses

Regional development agencies

Mr Nick Hurd

NC1

To move the following Clause:—

‘(1)
The regional development agencies are abolished.

(2)
Subsection (1) does not apply to the London Development Agency (provision for

the abolition of which is contained in the Localism Act 2011).

(3)
The enactments specified in Schedule (regional development agencies:

consequential repeals) are repealed to the extent shown.

(4)
The Secretary of State may by order make provision for the purpose of facilitating

or securing that activities begun by a regional development agency may be

continued or completed by another person.

(5)
That includes in particular provision securing or facilitating that a person

continuing or completing activities begun by a regional development agency may

for their own purposes exercise any power of the agency.

(6)
The powers referred to in subsection (5) include—

(a)
powers of compulsory acquisition of land or rights over land;

(b)
rights of entry.



© Parliamentary copyright	Revised 11 October 2011