Session 2010 - 12
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 11 October 2011        

14

 

Public Bodies Bill-[ [], continued

 
 

New Clauses

 

Regional development agencies

 

Mr Nick Hurd

 

Added  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consequential repeals) are repealed to the extent shown.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.

 

(7)    

The Secretary of State may by order make other consequential, supplementary,

 

incidental or transitional provision, or savings.

 

(8)    

A statutory instrument containing an order under this section—

 

(a)    

if it contains provision repealing or amending an enactment, may not be

 

made unless it has been laid before, and approved by a resolution of, each

 

House of Parliament;

 

(b)    

in any other case, is subject to annulment in pursuance of a resolution of

 

either House of Parliament.

 

(9)    

The Secretary of State may make a scheme for the transfer of property, rights and

 

liabilities of a regional development agency to an eligible person or any body

 

corporate in connection with the abolition of the agency under subsection (1); and

 

sections 24(4) to (9) and 26 apply in relation to such a scheme.

 

(10)    

A scheme under subsection (9) may be included in an order under this section, but

 

if not so included must be laid before Parliament after being made.

 

(11)    

In this section “regional development agency” means a development agency

 

established under the Regional Development Agencies Act 1998.’.

 


 

Sianel Pedwar Cymru

 

Mr Nick Hurd

 

Added  NC2

 

To move the following Clause:—

 

‘For section 61 of the Broadcasting Act 1990 (funding of Sianel Pedwar Cymru)

 

there is substituted—


 
 

Public Bill Committee Proceedings: 11 October 2011        

15

 

Public Bodies Bill-[ [], continued

 
 

“61    

Funding of Welsh Authority

 

(1)    

The Secretary of State shall secure that in 2012 and each subsequent year

 

the Welsh Authority are paid an amount which he considers sufficient to

 

cover the cost to the Authority during that year of—

 

(a)    

providing the Authority’s public services (within the meaning of

 

section 207 of the Communications Act 2003), and

 

(b)    

arranging for the broadcasting or distribution of those services.

 

(2)    

The Secretary of State may discharge the duty in subsection (1) by

 

making payments himself or entering into an agreement with another

 

person for that person to do so (or both).

 

(3)    

If under this section the Welsh Authority are paid an amount for any year

 

which exceeds the cost referred to in subsection (1), the Authority may

 

pay the difference from the public service fund referred to in section 61A

 

to the person (or pro rata to the persons) from whom payments were

 

received.

 

(4)    

Any sums required by the Secretary of State under this section shall be

 

paid out of money provided by Parliament.”’.

 


 

V & A, Science Museum, Kew and English Heritage

 

Mr Nick Hurd

 

Added  NC4

 

To move the following Clause:—

 

‘(1)    

The National Heritage Act 1983 is amended as follows.

 

(2)    

In section 3 (power of the Board of Trustees of the Victoria and Albert Museum

 

to form companies)—

 

(a)    

in subsection (1), for “one or more of those mentioned in subsection (2)”

 

there is substituted—

 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the Board’s

 

functions.”;

 

(b)    

in subsection (2) for “objects” there is substituted “particular objects”.

 

(3)    

In section 11 (power of the Board of Trustees of the Science Museum to form

 

companies)—

 

(a)    

in subsection (1) for “one or more of those mentioned in subsection (2)”

 

there is substituted—

 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the Board’s

 

functions.”;

 

(b)    

in subsection (2) for “objects” there is substituted “particular objects”.

 

(4)    

In section 25 (power of the Board of Trustees of the Royal Botanic Gardens, Kew

 

to form companies)—

 

(a)    

in subsection (1) for “one or more of those mentioned in subsection (2)”

 

there is substituted—


 
 

Public Bill Committee Proceedings: 11 October 2011        

16

 

Public Bodies Bill-[ [], continued

 
 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the Board’s

 

functions.”;

 

(b)    

in subsection (2) for “objects” there is substituted “particular objects”.

 

(5)    

In section 35 (power of the Historic Buildings and Monuments Commission for

 

England to form companies)—

 

(a)    

in subsection (1) for “one or more of those mentioned in subsection (2)”

 

there is substituted—

 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the

 

Commission’s functions.”;

 

(b)    

in subsection (2) for “objects” there is substituted “particular objects”’.

 


 

Delegation of functions by Environment Agency

 

Mr Nick Hurd

 

Not selected  NC7

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Environment Agency may make arrangements with a person exercising

 

Welsh environmental functions who is not a cross-border operator for that person

 

to exercise a non-devolved function of the Agency.

 

(2)    

The consent of the Secretary of State and the Welsh Ministers is required for

 

arrangements under subsection (1).

 

(3)    

The Secretary of State may by order with the consent of the Welsh Ministers

 

make provision about how the function of making arrangements under subsection

 

(1) is to be discharged (including provision about the extent to which a fee may

 

be charged in respect of anything done under the arrangements).

 

(4)    

An order under subsection (3) is subject to annulment in pursuance of a resolution

 

of either House of Parliament.

 

(5)    

For the purposes of subsection (1) a person is not a cross-border operator merely

 

because functions exercisable in or with respect to England have been delegated

 

to that person.’.

 


 

Delegation of Welsh environmental functions

 

Mr Nick Hurd

 

Not selected  NC8

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person to whom this section applies may make arrangements with another such

 

person for—


 
 

Public Bill Committee Proceedings: 11 October 2011        

17

 

Public Bodies Bill-[ [], continued

 
 

(a)    

a Welsh environmental function exercised by one to be exercised by the

 

other;

 

(b)    

co-operation in relation to the exercise of Welsh environmental

 

functions.

 

(2)    

This section applies to—

 

(a)    

the Environment Agency,

 

(b)    

the Forestry Commissioners, and

 

(c)    

a person not falling within paragraph (a) or (b) who exercises a Welsh

 

environmental function.

 

(3)    

The Welsh Ministers’ consent is required for arrangements under subsection (1).

 

(4)    

The Welsh Ministers may by order make provision about how the function of

 

making arrangements under subsection (1) is to be discharged (including

 

provision about the extent to which a fee may be charged in respect of anything

 

done under the arrangements).

 

(5)    

An order under subsection (4) is subject to annulment in pursuance of a resolution

 

of the National Assembly for Wales.

 

(6)    

The Secretary of State’s consent is required for arrangements under subsection

 

(1) involving, or an order under subsection (4) affecting—

 

(a)    

the Environment Agency,

 

(b)    

the Forestry Commissioners, or

 

(c)    

a person not falling within paragraph (a) or (b) who is a cross-border

 

operator.’.

 


 

Shared services

 

Mr Nick Hurd

 

Not selected  NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person to whom this section applies may make arrangements with any other

 

person to provide administrative, professional or technical services to that person

 

for purposes relating to the exercise of public functions in or as regards England

 

or Wales.

 

(2)    

This section applies to—

 

(a)    

the Board of Trustees of the Royal Botanic Gardens, Kew;

 

(b)    

the Environment Agency;

 

(c)    

the Joint Nature Conservation Committee;

 

(d)    

an internal drainage board;

 

(e)    

the Marine Management Organisation;

 

(f)    

Natural England;

 

(g)    

a person not falling within paragraphs (a) to (f) who exercises a Welsh

 

environmental function.

 

(3)    

The Secretary of State’s consent is required for arrangements under subsection

 

(1) involving a person who exercises a non-devolved function (whether or not the

 

person also exercises a Welsh devolved function).

 

(4)    

The Secretary of State may by order make provision about how the function of

 

making arrangements in subsection (1) is to be discharged in the case of


 
 

Public Bill Committee Proceedings: 11 October 2011        

18

 

Public Bodies Bill-[ [], continued

 
 

arrangements made by a person to whom this section applies who exercises a non-

 

devolved function.

 

(5)    

An order under subsection (4) requires the consent of the Welsh Ministers if the

 

person referred to in subsection (4) also exercises a Welsh devolved function.

 

(6)    

An order under subsection (4) is subject to annulment in pursuance of a resolution

 

of either House of Parliament.

 

(7)    

The Welsh Ministers’ consent is required for arrangements under subsection (1)

 

involving a person who exercises a Welsh devolved function (whether or not the

 

person also exercises a non-devolved function).

 

(8)    

The Welsh Ministers may by order make provision about how the function of

 

making arrangements in subsection (1) is to be discharged in the case of

 

arrangements made by a person to whom this section applies who exercises a

 

Welsh devolved function.

 

(9)    

An order under subsection (8) requires the consent of the Secretary of State if the

 

person referred to in subsection (8) also exercises a non-devolved function.

 

(10)    

An order under subsection (8) is subject to annulment in pursuance of a resolution

 

of the National Assembly for Wales.

 

(11)    

The provision referred to in subsections (4) and (8) includes provision about the

 

extent to which a fee may be charged in respect of anything done under the

 

arrangements.

 

(12)    

The power to make arrangements under subsection (1) is without prejudice to any

 

other power of a body to which this section applies to provide services to other

 

persons.’.

 


 

Shared services: Forestry Commissioners

 

Mr Nick Hurd

 

Not selected  NC10

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Forestry Commissioners may make arrangements with a person who

 

exercises a Welsh environmental function (with or without other functions) to

 

provide administrative, professional or technical services to that person for

 

purposes relating to the exercise of public functions in or as regards Wales.

 

(2)    

The Welsh Ministers may by order make provision about how the function of

 

making arrangements under this section is to be discharged (including provision

 

about the extent to which a fee may be charged in respect of anything done under

 

the arrangements).

 

(3)    

An order under subsection (2) is subject to annulment in pursuance of a resolution

 

of the National Assembly for Wales.

 

(4)    

The Secretary of State’s consent is required for—

 

(a)    

arrangements under this section, or

 

(b)    

an order under subsection (2).

 

(5)    

The power to make arrangements under this section is without prejudice to any

 

other power of the Forestry Commissioners to provide services to other persons.’.

 



 
 

Public Bill Committee Proceedings: 11 October 2011        

19

 

Public Bodies Bill-[ [], continued

 
 

Impact assessment of removal of regional development agencies (RDAs)

 

Roberta Blackman-Woods

 

Jon Trickett

 

Second reading negatived on division  NC3

 

To move the following Clause:—

 

‘Before abolishing any regional development agency (RDA), the Secretary of

 

State must produce and lay before both Houses of Parliament a report setting out

 

the impact of the removal of RDAs on business development and economic

 

growth in the region concerned and the preparedness of local economic

 

partnerships (LEPs) to take over the functions of RDAs.’.

 


 

Welsh Authority

 

Mr Mark Williams

 

Hywel Williams

 

Not called  NC5

 

To move the following Clause:—

 

‘For section 61 of the Broadcasting Act 1990 (funding of Sianel Pedwar Cymru)

 

there is substituted—

 

“61    

Funding of Welsh Authority

 

(1)    

In 2012 and thereafter at intervals of five years the Secretary of State

 

shall pay, or shall secure the payment to the Welsh Authority of, such

 

amount as may be agreed between them to cover the cost to the Authority

 

during the five year period of—

 

(a)    

providing the Authority’s public services (within the meaning of

 

section 207 of the Communications Act 2003), and

 

(b)    

arranging for the broadcasting or distribution of those services.

 

(2)    

If the Secretary of State and the Welsh Authority cannot reach agreement

 

for the purposes of subsection (1) by the end of August in the year

 

preceding that in respect of which a payment to the Authority must be

 

made, the Secretary of State shall by order prescribe an amount which is

 

sufficient to cover the cost of the Authority referred to in subsection (1).

 

(3)    

In determining or prescribing an amount for the purpose of this section

 

the Secretary of State shall ensure that the amount is sufficient to enable

 

the Welsh Authority to fulfil the public service remit in respect of S4C

 

Digital under section 204(5) of, and paragraph 3(3) of Schedule 12 to, the

 

Communications Act 2003 throughout the period to which the amount

 

relates.

 

(4)    

The Secretary of State shall not prescribe an amount less than the amount

 

paid to the Welsh Authority in the preceding year or preceding three year

 

period, as the case may be.

 

(5)    

An order shall not be made under subsection (2) unless a draft of it has

 

been laid before and approved by a resolution of each House of

 

Parliament.


 
 

Public Bill Committee Proceedings: 11 October 2011        

20

 

Public Bodies Bill-[ [], continued

 
 

(6)    

If a resolution required under subsection (5) is not approved, the

 

Secretary of State shall secure that the Welsh Authority is paid an amount

 

which is not less than the amount paid to the Authority in the preceding

 

year or preceding period, as the case may be.

 

(7)    

The Secretary of State may discharge the duty in subsection (1) by

 

making payments himself or entering into an agreement with another

 

person for that person to do so (or both).

 

(8)    

In discharging his duties under this section, the Secretary of State shall

 

have regard to the Welsh Authority’s operational and editorial

 

independence.

 

(9)    

Any sums required by the Secretary of State under this section shall be

 

paid out of money provided by Parliament.’.

 


 

Powers of Welsh Ministers

 

Mr Mark Williams

 

Withdrawn  NC6

 

To move the following Clause:—

 

‘(1)    

Where functions of the National Consumer Council so far as they relate to Wales

 

are transferred to the Welsh Ministers pursuant to an order made under section 1,

 

the Welsh Ministers may by order transfer any of those functions to—

 

(a)    

a new body, or

 

(b)    

any other person exercising public functions in relation to Wales.

 

(2)    

The Welsh ministers may by order establish a body corporate for the purposes of

 

this section, and in this section references to a “new body” are to any body so

 

established.

 

(3)    

An order made under this section may contain consequential, supplementary,

 

incidental or transitional provision, or savings.

 

(4)    

Where an order under this section transfers functions, the power in subsection (3)

 

includes power to make consequential provision—

 

(a)    

to modify the functions of the transferor or transferee; or

 

(b)    

to confer powers of direction on the Welsh Ministers in relation to

 

functions transferred.

 

(5)    

In considering whether to make an order under this section, the Welsh Ministers

 

must have regard to the following objectives—

 

(a)    

achieving increased efficiency, effectiveness and economy in the

 

exercise of public functions;

 

(b)    

securing appropriate accountability to Welsh Ministers in the exercise of

 

such functions.

 

(6)    

In this section,

 

(a)    

“Wales” has the same meaning as in the Government of Wales Act 2006;

 

and

 

(b)    

a reference to the functions of “National Consumer Council” means the

 

functions of the National Consumer Council, or the territorial committee


 
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