House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3547

House of Commons

Notices of Amendments

given on

Thursday 20 October 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

3527 and 3529

Consideration of Bill

Public Bodies Bill [Lords]

Hywel Williams

Mr Mark Williams

3

Page  17  [Clause  28],  leave out lines 7 to 22 and insert—

‘(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.

(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.

Notices of Amendments: 20 October 2011
3548

Public Bodies Bill [Lords] continued

(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.’.

Hywel Williams

Mr Mark Williams

4

Page  23,  line  21  [Schedule  3],  leave out ‘Sianel Pedwar Cymru (“S4C”)’.

Francis Maude

5

Page  1,  line  13  [Clause  1],  at end insert—

‘( )
a co-operative society,

( )
a community benefit society,

( )
a charitable incorporated organisation, or’.

Francis Maude

6

Page  7,  line  10  [Clause  11],  at end insert—

‘(11)
In this section, references to the “30-day”, “40-day” and “60-day” periods in

relation to any draft order are to the periods of 30, 40 and 60 days beginning with

the day on which the draft order was laid before Parliament.

(12)
For the purposes of subsection (11) no account is to be taken of any time during

which Parliament is dissolved or prorogued or during which either House is

adjourned for more than four days.’.

Francis Maude

7

Page  12,  line  17  [Clause  20],  at end insert—

‘(10A)
In this section, references to the “30-day”, “40-day” and “60-day” periods in

relation to any draft order are to the periods of 30, 40 and 60 days beginning with

the day on which the draft order was laid before the National Assembly for Wales.

(10B)
For the purposes of subsection (10A) no account is to be taken of any time during

which the National Assembly for Wales is dissolved or is in recess for more than

four days.’.

Francis Maude

8

Page  18,  line  37  [Clause  32],  at end insert—

‘“community benefit society” means—

(a)
a society registered as a community benefit society under the Co-

operative and Community Benefit Societies and Credit Unions

Act 1965,

(b)
a pre-2010 Act society (as defined by section 4A(1) of that Act)

which meets the condition in section 1(3) of that Act, or

(c)
a society registered or deemed to be registered under the

Industrial and Provident Societies Act (Northern Ireland) 1969

which meets the condition in section 1(2)(b) of that Act;’.

Notices of Amendments: 20 October 2011
3549

Public Bodies Bill [Lords] continued

Francis Maude

9

Page  18,  line  39  [Clause  32],  at end insert—

‘“co-operative society means—

(a)
a society registered as a co-operative society under the Co-

operative and Community Benefit Societies and Credit Unions

Act 1965,

(b)
a pre-2010 Act society (as defined by section 4A(1) of that Act)

which meets the condition in section 1(2) of that Act, or

(c)
a society registered or deemed to be registered under the

Industrial and Provident Societies Act (Northern Ireland) 1969

which meets the condition in section 1(2)(a) of that Act;’.

Francis Maude

10

Page  19,  line  36  [Clause  32],  at end insert—

‘(1A)
Until the coming into force of section 1 of the Co-operative and Community

Benefit Societies and Credit Unions Act 2010—

(a)
the definition of “community benefit society” in subsection (1) above has

effect as if for paragraphs (a) and (b) there were substituted—

“(a)
a society registered or deemed to be registered under the

Industrial and Provident Societies Act 1965 which meets

the condition in section 1(2)(b) of that Act, or”;

(b)
the definition of “co-operative society” in subsection (1) above has effect

as if for paragraphs (a) and (b) there were substituted—

“(a)
a society registered or deemed to be registered under the

Industrial and Provident Societies Act 1965 which meets

the condition in section 1(2)(a) of that Act, or”.

(1B)
Subsection (1A) ceases to have effect on the coming into force of section 1 of the

Co-operative and Community Benefit Societies and Credit Unions Act 2010.’.

Francis Maude

11

Page  19,  line  37  [Clause  32],  leave out subsections (2) to (4).

Delegation of functions by Environment Agency

Francis Maude

NC1

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.

Notices of Amendments: 20 October 2011
3550

Public Bodies Bill [Lords] continued

(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

Francis Maude

NC2

To move the following Clause:—

‘(1)
A person to whom this section applies may make arrangements with another such

person for—

(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

Francis Maude

NC3

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;

Notices of Amendments: 20 October 2011
3551

Public Bodies Bill [Lords] continued

(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

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

Francis Maude

NC4

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.’.

Notices of Amendments: 20 October 2011
3552

Public Bodies Bill [Lords] continued

Francis Maude

12

Page  8,  line  1  [Clause  13],  leave out ‘Welsh devolved function relating to the

environment’ and insert ‘Welsh environmental function’.

Francis Maude

13

Page  8,  line  44  [Clause  14],  at end insert—

‘( )
In subsection (5)(a), the reference to modifying constitutional arrangements has

effect as if the references in section 3(2)(h) and (3)(e) to Ministers were to the

Welsh Ministers.’.

Francis Maude

14

Page  9,  line  24  [Clause  15],  after ‘modifying’ insert ‘constitutional or’.

Francis Maude

15

Page  9,  line  25  [Clause  15],  leave out ‘section 4(3)(a)’ and insert ‘sections 3(2)(h)

and (3)(e) and 4(3)(a)’.

Francis Maude

16

Page  9,  line  34,  leave out Clause 16.

Francis Maude

17

Page  10,  line  36  [Clause  18],  leave out ‘functions, other than Welsh devolved

functions,’ and insert ‘non-devolved functions’.

Francis Maude

18

Page  11,  line  2  [Clause  19],  leave out ‘sections 13 to 16’ and insert ‘section 13 or

14’.

Francis Maude

19

Page  11,  line  20  [Clause  20],  leave out ‘sections 13 to 16’ and insert ‘section 13 or

14’.

Francis Maude

20

Page  11,  line  26  [Clause  20],  leave out ‘, in the case of an order under section 13 or

14,’.

Francis Maude

21

Page  12,  line  23  [Clause  21],  leave out ‘or authorise the creation of’.

Francis Maude

22

Page  12,  line  38  [Clause  22],  leave out from ‘functions’ to end of line 40.

Notices of Amendments: 20 October 2011
3553

Public Bodies Bill [Lords] continued

Francis Maude

23

Page  13,  line  9  [Clause  23],  leave out ‘or authorise the creation of’.

Francis Maude

24

Page  16,  line  31  [Clause  27],  leave out ‘it’ and insert ‘a draft of the instrument’.

Francis Maude

25

Page  18,  line  27  [Clause  31],  after ‘Act’ insert ‘, other than an order under sections

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

Commissioners],’.

Francis Maude

26

Page  19,  line  17  [Clause  32],  at end insert—

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

function;’.

Francis Maude

27

Page  19,  line  36  [Clause  32],  leave out ‘section 16’ and insert ‘section [Delegation

of Welsh environmental functions]’.

Francis Maude

28

Page  19,  line  36  [Clause  32],  at end insert—

‘“Welsh environmental function” means a Welsh devolved function

relating to the environment.’.

Francis Maude

29

Title,  line  3,  after ‘bodies;’ insert ‘to make provision about delegation and shared

services in relation to persons exercising environmental functions;’.

Edward Miliband

Jon Trickett

Mr Gareth Thomas

Michael Dugher

Susan Elan Jones

Mr Peter Hain

Total signatories: 23

Kevin Brennan

Chris Bryant

Martin Caton

Mr Wayne David

Geraint Davies

Nia Griffith

Mr Dai Havard

Mrs Siân C. James

Ian Lucas

Alun Michael

Jessica Morden

Paul Murphy

Albert Owen

Chris Ruane

Nick Smith

Owen Smith

Mark Tami

30

Page  17,  line  3,  leave out Clause 28.



© Parliamentary copyright	Revised 21 October 2011