House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3557

House of Commons

Notices of Amendments

given up to and including

Friday 21 October 2011

New Amendments handed in are marked thus

Consideration of Bill

Public Bodies Bill [Lords]

Note

The Amendments have been arranged in accordance with the Public Bodies Bill

[Lords] (Programme) (No. 2) Motion to be proposed by Francis Maude.

New Clauses

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: 21 October 2011
3558

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.

Notices of Amendments: 21 October 2011
3559

Public Bodies Bill [Lords] continued

(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

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.

Notices of Amendments: 21 October 2011
3560

Public Bodies Bill [Lords] continued

(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.’.

National Consumer Council Wales: transfer of functions

Alun Michael

NC5

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

Notices of Amendments: 21 October 2011
3561

Public Bodies Bill [Lords] continued

for Wales, established by section 1 of the Consumer, Estate Agents and

Redress Act 2007.’.

Impact assessment of removal of regional development agencies (RDAs)

Mr Gareth Thomas

NC6


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.’.

Agricultural wages

Andrew George

NC7


To move the following Clause:—

‘(1)
In section 3 of the Agricultural Wages Act 1948 (power of Agricultural Wages

Board to fix wages, holidays and other terms and conditions) the powers and

duties of the Agricultural Wages Board are transferred to the Low Pay

Commission.

(2)
The Low Pay Commission shall establish an advisory board of employer and

employee representatives from agricultural and related industries to make

recommendations to the commission in fulfilment of its duties under the

Agricultural Wages Act 1948.’.

Office of Rural Affairs

Andrew George

NC8


To move the following Clause:—

‘(1)
The duties of the Commission for Rural Communities contained in section 19 of

the Natural Environment and Rural Communities Act 2006 (Representation,

advice and monitoring) are to be transferred to a body to be known as the Office

of Rural Affairs, which will report to the Secretary of State.’.

Notices of Amendments: 21 October 2011
3562

Public Bodies Bill [Lords] continued

Independent Rural Advocate

Andrew George

NC9


To move the following Clause:—

‘(1)
The Natural Environment and Rural Communities Act 2006 is amended as

follows.

(2)
In section 17 (Commission for Rural Communities) for “Commission for Rural

Communities” there is substituted “Rural Advocate”.

(3)
Subsection 17(2) is omitted.

(4)
In section 18 (Commission’s general purpose) and section 19 (Representation,

advice and monitoring) for all references to “Commission for Rural

Communities” there is substituted “Rural Advocate”.’.

National Consumer Council functions relating to Wales in the case of transfer of functions

to the Welsh Ministers

Jonathan Edwards

Mr Mark Williams

NC10


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 to—

(a)
modify the functions of the transferor or transferee; or

(b)
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; and

(b)
securing appropriate accountability to the Welsh Ministers in the

exercise of such functions.’.

Notices of Amendments: 21 October 2011
3563

Public Bodies Bill [Lords] continued

Youth Justice Board powers and responsibilities in relation to Wales

Alun Michael

Robert Flello

Mr Peter Hain

Nia Griffith

Jessica Morden

NC11


To move the following Clause:—

‘A joint committee shall be established to oversee the exercise of powers and

responsibilities relating to youth justice jointly between the Youth Justice Board

and Ministers of the National Assembly for Wales.’.

Youth Justice in Wales

Alun Michael

Robert Flello

Mr Peter Hain

Nia Griffith

Jessica Morden

NC12


To move the following Clause:—

‘A joint committee shall be established to oversee the exercise of powers and

responsibilities relating to youth justice jointly between the Secretary of State, or

any body to which the duties of the Youth Justice Board have been transferred

under an order made under section 1, and Ministers of the National Assembly for

Wales.’.

Amendments to Clause 1 and Schedule 1

Jonanthan Edwards

Mr Mark Williams

42


Page  1,  line  7  [Clause  1],  at end insert—

‘(2A)
If the Minister abolishes the National Consumer Council then the functions of the

National Consumer Council so far as they relate to Wales shall be transferred to

the Welsh Ministers and operated as in [National Consumer Council functions

relating to Wales in the case of transfer of functions to the Welsh Ministers].’.

Francis Maude

5

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

‘( )
a co-operative society,

( )
a community benefit society,



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