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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Public Bodies Bill [Lords] |
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| Page 17 [Clause 28], leave out lines 7 to 22 and insert— |
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| | ‘(1) | In 2012 and thereafter at intervals of five years the Secretary of State shall pay, |
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| | or shall secure the payment to the Welsh Authority of, such amount as may be |
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| | agreed between them to cover the cost to the Authority during the five-year period |
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| | (a) | providing the Authority’s public services (within the meaning of section |
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| | 207 of the Communications Act 2003), and |
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| | (b) | arranging for the broadcasting or distribution of those services. |
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| | (2) | If the Secretary of State and the Welsh Authority cannot reach agreement for the |
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| | purposes of subsection (1) by the end of August in the year preceding that in |
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| | respect of which a payment to the Authority must be made, the Secretary of State |
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| | shall by order prescribe an amount which is sufficient to cover the cost of the |
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| | Authority referred to in subsection (1). |
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| | (3) | In determining or prescribing an amount for the purpose of this section the |
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| | Secretary of State shall ensure that the amount is sufficient to enable the Welsh |
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| | Authority to fulfil the public service remit in respect of S4C Digital under section |
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| | 204(5) of, and paragraph 3(3) of Schedule 12 to, the Communications Act 2003 |
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| | throughout the period to which the amount relates. |
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| | (4) | The Secretary of State shall not prescribe an amount less than the amount paid to |
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| | the Welsh Authority in the preceding year or preceding three-year period, as the |
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| | (5) | An order shall not be made under subsection (2) unless a draft of it has been laid |
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| | before and approved by a resolution of each House of Parliament. |
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| | (6) | If a resolution required under subsection (5) is not approved, the Secretary of |
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| | State shall secure that the Welsh Authority is paid an amount which is not less |
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| | than the amount paid to the Authority in the preceding year or preceding period, |
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| | (7) | The Secretary of State may discharge the duty in subsection (1) by making |
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| | payments himself or entering into an agreement with another person for that |
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| | person to do so (or both). |
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| | (8) | In discharging his duties under this section, the Secretary of State shall have |
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| | regard to the Welsh Authority’s operational and editorial independence. |
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| | (9) | Any sums required by the Secretary of State under this section shall be paid out |
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| | of money provided by Parliament.’. |
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| Page 23, line 21 [Schedule 3], leave out ‘Sianel Pedwar Cymru (“S4C”)’. |
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| Page 1, line 13 [Clause 1], at end insert— |
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| | ‘( ) | a co-operative society, |
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| | ( ) | a community benefit society, |
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| | ( ) | a charitable incorporated organisation, or’. |
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| Page 7, line 10 [Clause 11], at end insert— |
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| | ‘(11) | In this section, references to the “30-day”, “40-day” and “60-day” periods in |
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| | relation to any draft order are to the periods of 30, 40 and 60 days beginning with |
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| | the day on which the draft order was laid before Parliament. |
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| | (12) | For the purposes of subsection (11) no account is to be taken of any time during |
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| | which Parliament is dissolved or prorogued or during which either House is |
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| | adjourned for more than four days.’. |
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| Page 12, line 17 [Clause 20], at end insert— |
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| | ‘(10A) | In this section, references to the “30-day”, “40-day” and “60-day” periods in |
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| | relation to any draft order are to the periods of 30, 40 and 60 days beginning with |
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| | the day on which the draft order was laid before the National Assembly for Wales. |
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| | (10B) | For the purposes of subsection (10A) no account is to be taken of any time during |
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| | which the National Assembly for Wales is dissolved or is in recess for more than |
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| Page 18, line 37 [Clause 32], at end insert— |
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| | ‘“community benefit society” means— |
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| | (a) | a society registered as a community benefit society under the Co- |
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| | operative and Community Benefit Societies and Credit Unions |
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| | (b) | a pre-2010 Act society (as defined by section 4A(1) of that Act) |
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| | which meets the condition in section 1(3) of that Act, or |
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| | (c) | a society registered or deemed to be registered under the |
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| | Industrial and Provident Societies Act (Northern Ireland) 1969 |
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| | which meets the condition in section 1(2)(b) of that Act;’. |
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| Page 18, line 39 [Clause 32], at end insert— |
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| | ‘“co-operative society means— |
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| | (a) | a society registered as a co-operative society under the Co- |
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| | operative and Community Benefit Societies and Credit Unions |
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| | (b) | a pre-2010 Act society (as defined by section 4A(1) of that Act) |
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| | which meets the condition in section 1(2) of that Act, or |
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| | (c) | a society registered or deemed to be registered under the |
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| | Industrial and Provident Societies Act (Northern Ireland) 1969 |
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| | which meets the condition in section 1(2)(a) of that Act;’. |
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| Page 19, line 36 [Clause 32], at end insert— |
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| | ‘(1A) | Until the coming into force of section 1 of the Co-operative and Community |
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| | Benefit Societies and Credit Unions Act 2010— |
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| | (a) | the definition of “community benefit society” in subsection (1) above has |
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| | effect as if for paragraphs (a) and (b) there were substituted— |
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| | “(a) | a society registered or deemed to be registered under the |
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| | Industrial and Provident Societies Act 1965 which meets |
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| | the condition in section 1(2)(b) of that Act, or”; |
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| | (b) | the definition of “co-operative society” in subsection (1) above has effect |
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| | as if for paragraphs (a) and (b) there were substituted— |
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| | “(a) | a society registered or deemed to be registered under the |
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| | Industrial and Provident Societies Act 1965 which meets |
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| | the condition in section 1(2)(a) of that Act, or”. |
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| | (1B) | Subsection (1A) ceases to have effect on the coming into force of section 1 of the |
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| | Co-operative and Community Benefit Societies and Credit Unions Act 2010.’. |
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| Page 19, line 37 [Clause 32], leave out subsections (2) to (4). |
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| | Delegation of functions by Environment Agency |
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| To move the following Clause:— |
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| | ‘(1) | The Environment Agency may make arrangements with a person exercising |
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| | Welsh environmental functions who is not a cross-border operator for that person |
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| | to exercise a non-devolved function of the Agency. |
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| | (2) | The consent of the Secretary of State and the Welsh Ministers is required for |
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| | arrangements under subsection (1). |
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| | (3) | The Secretary of State may by order with the consent of the Welsh Ministers |
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| | make provision about how the function of making arrangements under subsection |
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| | (1) is to be discharged (including provision about the extent to which a fee may |
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| | be charged in respect of anything done under the arrangements). |
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| | (4) | An order under subsection (3) is subject to annulment in pursuance of a resolution |
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| | of either House of Parliament. |
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| | (5) | For the purposes of subsection (1) a person is not a cross-border operator merely |
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| | because functions exercisable in or with respect to England have been delegated |
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| | Delegation of Welsh environmental functions |
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| To move the following Clause:— |
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| | ‘(1) | A person to whom this section applies may make arrangements with another such |
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| | (a) | a Welsh environmental function exercised by one to be exercised by the |
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| | (b) | co-operation in relation to the exercise of Welsh environmental |
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| | (2) | This section applies to— |
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| | (a) | the Environment Agency, |
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| | (b) | the Forestry Commissioners, and |
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| | (c) | a person not falling within paragraph (a) or (b) who exercises a Welsh |
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| | (3) | The Welsh Ministers’ consent is required for arrangements under subsection (1). |
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| | (4) | The Welsh Ministers may by order make provision about how the function of |
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| | making arrangements under subsection (1) is to be discharged (including |
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| | provision about the extent to which a fee may be charged in respect of anything |
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| | done under the arrangements). |
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| | (5) | An order under subsection (4) is subject to annulment in pursuance of a resolution |
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| | of the National Assembly for Wales. |
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| | (6) | The Secretary of State’s consent is required for arrangements under subsection |
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| | (1) involving, or an order under subsection (4) affecting— |
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| | (a) | the Environment Agency, |
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| | (b) | the Forestry Commissioners, or |
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| | (c) | a person not falling within paragraph (a) or (b) who is a cross-border |
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| To move the following Clause:— |
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| | ‘(1) | A person to whom this section applies may make arrangements with any other |
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| | person to provide administrative, professional or technical services to that person |
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| | for purposes relating to the exercise of public functions in or as regards England |
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| | (2) | This section applies to— |
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| | (a) | the Board of Trustees of the Royal Botanic Gardens, Kew; |
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| | (b) | the Environment Agency; |
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| | (c) | the Joint Nature Conservation Committee; |
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| | (d) | an internal drainage board; |
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| | (e) | the Marine Management Organisation; |
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| | (g) | a person not falling within paragraphs (a) to (f) who exercises a Welsh |
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| | (3) | The Secretary of State’s consent is required for arrangements under subsection |
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| | (1) involving a person who exercises a non-devolved function (whether or not the |
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| | person also exercises a Welsh devolved function). |
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| | (4) | The Secretary of State may by order make provision about how the function of |
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| | making arrangements in subsection (1) is to be discharged in the case of |
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| | arrangements made by a person to whom this section applies who exercises a non- |
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| | (5) | An order under subsection (4) requires the consent of the Welsh Ministers if the |
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| | person referred to in subsection (4) also exercises a Welsh devolved function. |
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| | (6) | An order under subsection (4) is subject to annulment in pursuance of a resolution |
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| | of either House of Parliament. |
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| | (7) | The Welsh Ministers’ consent is required for arrangements under subsection (1) |
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| | involving a person who exercises a Welsh devolved function (whether or not the |
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| | person also exercises a non-devolved function). |
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| | (8) | The Welsh Ministers may by order make provision about how the function of |
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| | making arrangements in subsection (1) is to be discharged in the case of |
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| | arrangements made by a person to whom this section applies who exercises a |
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| | (9) | An order under subsection (8) requires the consent of the Secretary of State if the |
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| | person referred to in subsection (8) also exercises a non-devolved function. |
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| | (10) | An order under subsection (8) is subject to annulment in pursuance of a resolution |
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| | of the National Assembly for Wales. |
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| | (11) | The provision referred to in subsections (4) and (8) includes provision about the |
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| | extent to which a fee may be charged in respect of anything done under the |
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| | (12) | The power to make arrangements under subsection (1) is without prejudice to any |
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| | other power of a body to which this section applies to provide services to other |
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| | Shared services: Forestry Commissioners |
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| To move the following Clause:— |
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| | ‘(1) | The Forestry Commissioners may make arrangements with a person who |
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| | exercises a Welsh environmental function (with or without other functions) to |
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| | provide administrative, professional or technical services to that person for |
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| | purposes relating to the exercise of public functions in or as regards Wales. |
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| | (2) | The Welsh Ministers may by order make provision about how the function of |
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| | making arrangements under this section is to be discharged (including provision |
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| | about the extent to which a fee may be charged in respect of anything done under |
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| | (3) | An order under subsection (2) is subject to annulment in pursuance of a resolution |
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| | of the National Assembly for Wales. |
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| | (4) | The Secretary of State’s consent is required for— |
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| | (a) | arrangements under this section, or |
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| | (b) | an order under subsection (2). |
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| | (5) | The power to make arrangements under this section is without prejudice to any |
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| | other power of the Forestry Commissioners to provide services to other persons.’. |
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| Page 8, line 1 [Clause 13], leave out ‘Welsh devolved function relating to the |
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| environment’ and insert ‘Welsh environmental function’. |
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| Page 8, line 44 [Clause 14], at end insert— |
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| | ‘( ) | In subsection (5)(a), the reference to modifying constitutional arrangements has |
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| | effect as if the references in section 3(2)(h) and (3)(e) to Ministers were to the |
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| Page 9, line 24 [Clause 15], after ‘modifying’ insert ‘constitutional or’. |
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| Page 9, line 25 [Clause 15], leave out ‘section 4(3)(a)’ and insert ‘sections 3(2)(h) |
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| Page 9, line 34, leave out Clause 16. |
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| Page 10, line 36 [Clause 18], leave out ‘functions, other than Welsh devolved |
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| functions,’ and insert ‘non-devolved functions’. |
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| Page 11, line 2 [Clause 19], leave out ‘sections 13 to 16’ and insert ‘section 13 or |
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| Page 11, line 20 [Clause 20], leave out ‘sections 13 to 16’ and insert ‘section 13 or |
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| Page 11, line 26 [Clause 20], leave out ‘, in the case of an order under section 13 or |
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| Page 12, line 23 [Clause 21], leave out ‘or authorise the creation of’. |
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| Page 12, line 38 [Clause 22], leave out from ‘functions’ to end of line 40. |
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| Page 13, line 9 [Clause 23], leave out ‘or authorise the creation of’. |
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| Page 16, line 31 [Clause 27], leave out ‘it’ and insert ‘a draft of the instrument’. |
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| Page 18, line 27 [Clause 31], after ‘Act’ insert ‘, other than an order under sections |
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| [Delegation of functions by Environment Agency] to [Shared services: Forestry |
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| Page 19, line 17 [Clause 32], at end insert— |
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| | ‘“non-devolved function” means a function that is not a Welsh devolved |
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| Page 19, line 36 [Clause 32], leave out ‘section 16’ and insert ‘section [Delegation |
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| of Welsh environmental functions]’. |
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| Page 19, line 36 [Clause 32], at end insert— |
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| | ‘“Welsh environmental function” means a Welsh devolved function |
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| | relating to the environment.’. |
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| Title, line 3, after ‘bodies;’ insert ‘to make provision about delegation and shared |
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| services in relation to persons exercising environmental functions;’. |
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| Page 17, line 3, leave out Clause 28. |
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