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Session 2010 - 12
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Other Bills before Parliament


 
 

1019

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 25 October 2011

 

Report Stage Proceedings

 

Public Bodies Bill [Lords]


 

New Clauses

 

Delegation of functions by Environment Agency

 

Francis Maude

 

Agreed to  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.

 

(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

 

Agreed to  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;


 
 

Report Stage Proceedings: 25 October 2011                

1020

 

Public Bodies Bill [Lords] continued

 
 

(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

 

Agreed to  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;

 

(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.


 
 

Report Stage Proceedings: 25 October 2011                

1021

 

Public Bodies Bill [Lords] continued

 
 

(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

 

Agreed to  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.’.

 



 
 

Report Stage Proceedings: 25 October 2011                

1022

 

Public Bodies Bill [Lords] continued

 
 

National Consumer Council Wales: transfer of functions

 

Alun Michael

 

Not selected  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

 

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

 

Not selected  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.’.

 



 
 

Report Stage Proceedings: 25 October 2011                

1023

 

Public Bodies Bill [Lords] continued

 
 

Agricultural wages

 

Andrew George

 

Withdrawn  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

 

Not called  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.’.

 


 

Independent Rural Advocate

 

Andrew George

 

Not called  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


 
 

Report Stage Proceedings: 25 October 2011                

1024

 

Public Bodies Bill [Lords] continued

 
 

to the Welsh Ministers

 

Jonathan Edwards

 

Mr Mark Williams

 

Hywel Williams

 

Mr Elfyn Llwyd

 

Not selected  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.’.

 


 

Youth Justice Board powers and responsibilities in relation to Wales

 

Alun Michael

 

Robert Flello

 

Mr Peter Hain

 

Nia Griffith

 

Jessica Morden

 

Withdrawn  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.’.

 



 
 

Report Stage Proceedings: 25 October 2011                

1025

 

Public Bodies Bill [Lords] continued

 
 

Youth Justice in Wales

 

Alun Michael

 

Robert Flello

 

Mr Peter Hain

 

Nia Griffith

 

Jessica Morden

 

Not called  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

 

Hywel Williams

 

Mr Elfyn Llwyd

 

Not selected  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

 

Agreed to  5

 

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

 

‘( )    

a co-operative society,

 

( )    

a community benefit society,

 

( )    

a charitable incorporated organisation, or’.

 


 

John McDonnell

 

Not selected  46

 

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

 

Council’.


 
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