House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 21 October 2011
3564

Public Bodies Bill [Lords] continued

( )
a charitable incorporated organisation, or’.

John McDonnell

46


Page  21,  line  4  [Schedule  1],  leave out ‘Administrative Justice and Tribunals

Council’.

Mr Gareth Thomas

Jon Trickett

John McDonnell

32

Page  21,  line  11  [Schedule  1],  leave out ‘Agricultural Wages Board for England

and Wales’.

Mary Creagh

39


Page  21,  line  18  [Schedule  1],  leave out ‘Commission for Rural Communities,’.

Mark Durkan

51


Page  22,  line  1  [Schedule  1],  at end insert ‘Investigatory Powers Tribunal,’.

Rob Flello

Jon Trickett

John McDonnell

Alun Michael

Robert Flello

Mr Peter Hain

Total signatories: 8

Nia Griffith

Jessica Morden

33

Page  22,  line  17  [Schedule  1],  leave out ‘Youth Justice Board for England and

Wales.’.

Amendments to Clause 3 and Schedule 3

Hywel Williams

Mr Mark Williams

40


Page  2,  line  41  [Clause  3],  at end insert—

Notices of Amendments: 21 October 2011
3565

Public Bodies Bill [Lords] continued

‘(4)
No order shall be made under this section which will or may compromise the

editorial or operational independence of Sianel Pedwar Cymru (“S4C”).’.

John McDonnell

52


Page  23,  line  12  [Schedule  3],  leave out ‘Administrative Justice and Tribunals

Council’.

Jon Trickett

Mr Gareth Thomas

John McDonnell

34

Page  23,  line  15  [Schedule  3],  leave out ‘Commission for Equality and Human

Rights’.

Hywel Williams

Mr Mark Williams

Jon Trickett

Mr Gareth Thomas

Michael Dugher

Susan Elan Jones

Total signatories: 25

Mr Peter Hain

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

John McDonnell

4

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

Amendments to Clause 4 and Schedule 4

John McDonnell

53


Page  23,  line  25  [Schedule  4],  leave out ‘Administrative Justice and Tribunals

Council’.

Notices of Amendments: 21 October 2011
3566

Public Bodies Bill [Lords] continued

Jon Trickett

Mr Gareth Thomas

John McDonnell

35

Page  23,  line  26  [Schedule  4],  leave out ‘Commission for Equality and Human

Rights’.

Amendments to Clause 5 and Schedule 5

John McDonnell

54


Page  24,  line  5  [Schedule  5],  leave out ‘Administrative Justice and Tribunals

Council’.

Andrew Percy

Mr Philip Hollobone

2

Page  24  [Schedule  5],  leave out lines 9 and 10.

Jon Trickett

Mr Gareth Thomas

John McDonnell

36

Page  24,  line  11  [Schedule  5],  leave out ‘Commission for Equality and Human

Rights’.

Francis Maude

47


Page  24,  line  12  [Schedule  5],  leave out ‘Dover Harbour Board.’

Jon Trickett

Mr Gareth Thomas

37

Page  24,  line  16  [Schedule  5],  leave out ‘Human Fertilisation and Embryology

Authority’.

Jon Trickett

Mr Gareth Thomas

38

Page  24,  line  17  [Schedule  5],  leave out ‘Human Tissue Authority’.

Francis Maude

48


Page  24  [Schedule  5],  leave out lines 31 to 33.

Notices of Amendments: 21 October 2011
3567

Public Bodies Bill [Lords] continued

Amendments to Clauses 6 to 27

John McDonnell

43


Page  5,  line  45  [Clause  10],  at end insert—

‘(fa)
trade unions’.

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

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)’.

Notices of Amendments: 21 October 2011
3568

Public Bodies Bill [Lords] continued

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

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

21

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

Notices of Amendments: 21 October 2011
3569

Public Bodies Bill [Lords] continued

Francis Maude

22

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

Francis Maude

23

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

John McDonnell

44


Page  14,  line  19  [Clause  24],  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 tranfer 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.’.

John McDonnell

45


Page  14  [Clause  24],  leave out lines 37 to 38.

Francis Maude

24

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

Notices of Amendments: 21 October 2011
3570

Public Bodies Bill [Lords] continued

Amendments to Clauses 28 to 35

Edward Miliband

Jon Trickett

Mr Gareth Thomas

Michael Dugher

Susan Elan Jones

Mr Peter Hain

Total signatories: 24

John McDonnell

30

Page  17,  line  3,  leave out Clause 28.

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.

(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.



© Parliamentary copyright	Revised 24 October 2011