|
|
| |
| | |
|
| “(3) | Any function of the Commission may be discharged on the |
|
| |
| (a) | by any person authorised by the Commission to do so, |
|
| |
| (b) | to the extent so authorised. |
|
| (4) | Sub-paragraph (3) does not affect the responsibility of the |
|
| Commission for the discharge of the function.”” |
|
|
50 | Page 29, line 5, leave out subsections (1) to (5) and insert— |
|
| “(1) | A Minister of the Crown may, in accordance with the provisions of this |
|
| Part, require public authorities to make payments of amounts determined |
|
| by a Minister of the Crown in respect of an EU financial sanction to which |
|
| |
| (2) | A requirement to make a payment under this Part— |
|
| (a) | may only be imposed on a public authority if— |
|
| (i) | the authority has been designated under section |
|
| (Designation of public authorities); and |
|
| (ii) | the EU financial sanction concerned is one to which the |
|
| |
| (b) | must be imposed by a notice given to the authority under section 33 |
|
| (referred to in this Part as a final notice).” |
|
51 | Page 29, line 28, leave out “an EU financial sanction” and insert “a final” |
|
52 | Page 29, line 31, leave out “local or” |
|
53 | Page 29, line 32, at end insert— |
|
| |
| (a) | “EU financial sanction” means a sanction consisting of a lump sum |
|
| or penalty payment (or both) imposed by the Court of Justice in |
|
| Article 260(2) proceedings for an infraction of EU law; |
|
| (b) | “infraction of EU law”, in relation to an EU financial sanction, |
|
| means the failure to comply with a judgment of the Court of Justice |
|
| given in proceedings under Article 258 or 259 of the Treaty on the |
|
| Functioning of the European Union; and |
|
| (c) | “Article 260(2) proceedings” means proceedings under Article |
|
| |
|
54 | Insert the following new Clause— |
|
| “Duty of the Secretary of State to issue a policy statement |
|
| (1) | The Secretary of State must publish a statement of policy with respect to— |
|
| (a) | the designation of public authorities under section (Designation of |
|
| |
| (b) | the imposition and variation of requirements to make payments |
|
| |
|
|
| |
| | |
|
| (c) | such other matters relating to the operation of the provisions of this |
|
| Part as the Secretary of State may think it appropriate to include in |
|
| |
| (2) | The Secretary of State may from time to time revise and republish the |
|
| statement of policy required by this section. |
|
| (3) | A revised statement of policy may include saving or transitional provisions |
|
| relating to the continued application for any purpose of any provisions of |
|
| an earlier published version of the statement. |
|
| (4) | The Secretary of State must consult such persons as the Secretary of State |
|
| considers appropriate before publishing, or revising and republishing, the |
|
| statement of policy required by this section. |
|
| (5) | In exercising functions under this Part in relation to an EU financial |
|
| sanction which has been or may be imposed on the United Kingdom— |
|
| (a) | a Minister of the Crown, and |
|
| (b) | a panel established under section (Establishment of independent |
|
| |
| | must have regard to the statement of policy most recently published under |
|
| |
55 | Insert the following new Clause— |
|
| “The EU financial sanctions to which Part 2 applies |
|
| (1) | This Part applies to any EU financial sanction imposed on the United |
|
| Kingdom after the commencement of this Part, subject to subsection (2). |
|
| (2) | If a Minister of the Crown gives a certificate— |
|
| (a) | specifying a part or parts of an EU financial sanction, and |
|
| (b) | stating that this Part is not to apply to that part, or those parts, of the |
|
| |
| | this Part applies to that EU financial sanction as if it did not include that |
|
| |
| (3) | A certificate under subsection (2)— |
|
| (a) | may different provision about any of the following— |
|
| (i) | the lump sum (if any) paid by the United Kingdom; |
|
| (ii) | any periodic payment due from the United Kingdom under |
|
| the terms of the EU financial sanction before the certificate |
|
| |
| (iii) | any subsequent periodic payment that may fall due from |
|
| the United Kingdom under those terms; and |
|
| (b) | must be given in such form and published in such manner as the |
|
| Minister of the Crown giving it thinks fit. |
|
| (4) | Any provision of a certificate under subsection (2) which has the effect of |
|
| excluding the whole or part of any periodic payment mentioned in |
|
| subsection (3)(a)(iii) (including any such payment which has fallen due |
|
| from the United Kingdom since the earlier certificate was given) may be |
|
| varied by a further certificate under subsection (2).” |
|
56 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Meaning of “public authority” and related terms |
|
| (1) | This section defines various terms used in this Part. |
|
| (2) | “Public authority” means— |
|
| (a) | a local authority to which subsection (3) applies; or |
|
| (b) | any other person or body which has any non-devolved functions. |
|
| (3) | This subsection applies to— |
|
| (a) | any of the following in England— |
|
| (i) | a county council, district council or London borough |
|
| |
| (ii) | the Common Council of the City of London (in its capacity |
|
| |
| (iii) | the Greater London Authority; and |
|
| (iv) | the Council of the Isles of Scilly; |
|
| (b) | a council constituted under section 2 of the Local Government etc. |
|
| |
| (c) | a district council within the meaning of the Local Government Act |
|
| |
| (d) | a council of a county or county borough in Wales. |
|
| (4) | References to functions are to functions of a public nature. |
|
| (5) | References to non-devolved functions are to functions which are not |
|
| |
| (6) | References to devolved functions are to— |
|
| (a) | Scottish devolved functions, that is to say functions the exercise of |
|
| which would be within devolved competence (within the meaning |
|
| of section 54 of the Scotland Act 1998); |
|
| (b) | Northern Ireland devolved functions, that is to say functions which |
|
| could be conferred by provision included in an Act of the Northern |
|
| Ireland Assembly made without the consent of the Secretary of |
|
| State (see sections 6 to 8 of the Northern Ireland Act 1998); or |
|
| (c) | Welsh devolved functions, that is to say functions which are |
|
| exercisable in relation to Wales and could be conferred by provision |
|
| falling within the legislative competence of the National Assembly |
|
| for Wales as defined in section 108 of the Government of Wales Act |
|
| |
| (7) | References to a public authority with mixed functions are to a public |
|
| authority which has both non-devolved and devolved functions. |
|
| (8) | The “appropriate national authority”, in relation to a public authority with |
|
| mixed functions, means the following national authority or authorities |
|
| (according to whichever one or more of the following paragraphs apply to |
|
| |
| (a) | the Scottish Ministers, if the public authority has any Scottish |
|
| |
| (b) | the relevant Northern Ireland department, if the public authority |
|
| has any Northern Ireland devolved functions; and |
|
| (c) | the Welsh Ministers, if the public authority has any Welsh devolved |
|
| |
57 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Designation of public authorities |
|
| (1) | A Minister of the Crown may by order designate a public authority for the |
|
| |
| |
| (a) | specify the public authority by name; |
|
| (b) | identify any EU financial sanction to which the designation applies; |
|
| |
| (c) | describe the activities of the authority which are covered by the |
|
| |
| (3) | The order may identify an EU financial sanction for the purposes of |
|
| |
| (a) | specifying an EU financial sanction that has been imposed on the |
|
| |
| (b) | specifying any Article 260(2) proceedings that have been |
|
| commenced and providing that the designation is to apply to any |
|
| EU financial sanction that may be imposed on the United Kingdom |
|
| |
| (c) | specifying a judgment of the Court of Justice finding that the United |
|
| Kingdom has failed to comply with an EU obligation and providing |
|
| that the designation is to apply to any EU financial sanction that |
|
| may be imposed on the United Kingdom for failing to comply with |
|
| |
| (d) | specifying or describing any proceedings under Article 258 or 259 |
|
| of the Treaty on the Functioning of the European Union that have |
|
| been or may be commenced and providing that the designation is |
|
| to apply to any EU financial sanction that may be imposed on the |
|
| United Kingdom for failing to comply with a judgment of the Court |
|
| of Justice given in those proceedings. |
|
| (4) | The order may, for the purposes of subsection (3)(d), describe any |
|
| proceedings under Article 258 or 259 that may be commenced by reference |
|
| to the subject-matter of— |
|
| (a) | a Reasoned Opinion addressed to the United Kingdom under |
|
| Article 258 or 259 (as the case may be); or |
|
| (b) | any other document sent to the Government of the United |
|
| Kingdom by the Commission of the European Union or by another |
|
| member State which gives notice to the Government of the |
|
| possibility of proceedings being commenced against the United |
|
| |
| (5) | The activities described for the purposes of subsection (2)(c) must be |
|
| activities of the public authority which— |
|
| (a) | are carried out in the exercise of non-devolved functions of the |
|
| |
| (b) | take place after the provisions of the order describing the activities |
|
| |
| (6) | The following may not be designated under this section— |
|
| (a) | the House of Commons, the House of Lords, the Scottish |
|
| Parliament, the Northern Ireland Assembly or the National |
|
| |
| (b) | a Minister of the Crown or a United Kingdom government |
|
| |
|
|
| |
| | |
|
| (c) | a member of the Scottish Executive; |
|
| (d) | the First Minister or the deputy First Minister for Northern Ireland, |
|
| a Northern Ireland Minister or a Northern Ireland Department; |
|
| (e) | a member of the Welsh Assembly Government; |
|
| |
| (7) | Before making an order designating a public authority a Minister of the |
|
| |
| (a) | the public authority concerned; and |
|
| (b) | if it is a public authority with mixed functions, the appropriate |
|
| |
| (8) | In sections 32 to 33 references to “acts”, in relation to a public authority |
|
| which has been designated under this section, are to acts within a |
|
| description of activities covered by the designation.” |
|
58 | Insert the following new Clause— |
|
| “Establishment of independent panel |
|
| (1) | This section applies where— |
|
| (a) | an EU financial sanction to which this Part applies has been |
|
| imposed by the Court of Justice; and |
|
| (b) | at least one public authority is the subject of a designation order |
|
| under section (Designation of public authorities) which applies to that |
|
| |
| (2) | A Minister of the Crown must establish a panel for the purpose of carrying |
|
| out any functions it may be given by or under any provision of this Part in |
|
| relation to that EU financial sanction. |
|
| (3) | The panel must be established before any warning notice is given to a |
|
| public authority in relation to that EU financial sanction. |
|
| (4) | The panel is to consist of one or more individuals appointed by a Minister |
|
| of the Crown who appear to a Minister of the Crown to have suitable |
|
| qualifications, expertise or experience to carry out their duties. |
|
| (5) | A Minister of the Crown may invite nominations for appointment to the |
|
| panel from such organisations as a Minister of the Crown considers |
|
| |
| (6) | The validity of any acts of the panel is not affected by a vacancy among its |
|
| |
| (7) | A Minister of the Crown may pay to a member of the panel such fees, |
|
| allowances or expenses as a Minister of the Crown may determine. |
|
| (8) | A Minister of the Crown may provide such staff, accommodation or other |
|
| facilities as a Minister of the Crown may consider necessary to enable the |
|
| panel to carry out its functions.” |
|
|
59 | Page 29, line 34, leave out subsection (1) and insert— |
|
| “(1) | Before a public authority which has been designated under section |
|
| (Designation of public authorities) can be required to make any payment |
|
|
|
| |
| | |
|
| under this Part in respect of an EU financial sanction to which the |
|
| |
| (a) | a Minister of the Crown must give a warning notice under this |
|
| section to the public authority; |
|
| (b) | the procedures set out in the warning notice (with any changes |
|
| made under subsection (7)) must be followed; and |
|
| (c) | a Minister of the Crown must determine the matters mentioned in |
|
| section (Matters to be determined before a final notice is given)(4).” |
|
60 | Page 29, line 39, leave out “the Minister” and insert “a Minister of the Crown” |
|
61 | Page 29, line 40, leave out from “Justice” to “financial” in line 41 and insert |
|
| |
62 | Page 30, line 3, leave out “a payment under this Part” and insert “payments under |
|
| this Part (which may be or include ongoing payments)” |
|
63 | Page 30, line 3, leave out “that” and insert “the EU” |
|
64 | Page 30, line 4, leave out subsections (3) to (5) and insert— |
|
| “(3) | The warning notice must also— |
|
| (a) | identify the EU financial sanction to which the notice relates; |
|
| (b) | specify the total amount of that sanction (see subsection (6C)); |
|
| (c) | if that sanction is or includes a penalty payment, specify the amount |
|
| and frequency of any periodic payments that fall due from the |
|
| United Kingdom under the terms of the penalty payment (see |
|
| |
| (d) | set out the reasons for making the statement required by subsection |
|
| |
| (e) | set out the proposed procedures and arrangements for determining |
|
| the matters mentioned in section (Matters to be determined before a |
|
| final notice is given)(4) (which may include arrangements for |
|
| securing that matters arising under the notice are dealt together |
|
| with matters arising under other warning notices given to other |
|
| public authorities in respect of the same EU financial sanction); |
|
| (f) | propose a timetable for those procedures and for any steps to be |
|
| taken by the panel or a Minister of the Crown before any |
|
| requirement to make a payment can be imposed on the authority; |
|
| (g) | invite the authority to make representations to a Minister of the |
|
| Crown about the matters mentioned in paragraphs (e) and (f); |
|
| (h) | invite the authority to make representations to the panel (with any |
|
| supporting evidence) about anything the authority considers |
|
| relevant to the matters mentioned in section (Matters to be |
|
| determined before a final notice is given)(4), including its response to |
|
| any representations made (and any supporting evidence |
|
| submitted) to the panel — |
|
| (i) | by a Minister of the Crown or a government department |
|
| (whether in relation to matters arising from the notice or |
|
| matters arising from any other warning notice given to |
|
| another public authority in relation to the same EU financial |
|
| |
| (ii) | by another public authority which has been given a warning |
|
| notice in relation to the same EU financial sanction; or |
|
| (iii) | by the appropriate national authority in response to an |
|
| invitation under paragraph (j) included in the notice; and |
|
|
|
| |
| | |
|
| (j) | if the authority has mixed functions, invite the appropriate national |
|
| authority to make representations about anything contained in or |
|
| arising from the notice.” |
|
65 | Page 30, line 40, at end insert “of the Crown giving it” |
|
66 | Page 30, line 41, at end insert— |
|
| “(6A) | Before a Minister of the Crown gives a warning notice to the authority, the |
|
| Minister of the Crown must consult the panel as to the contents of the |
|
| notice (including in particular the proposed procedures and timetable |
|
| mentioned in subsection (3)(e) and (f)). |
|
| (6B) | If the authority has mixed functions, a Minister of the Crown must— |
|
| (a) | consult the appropriate national authority before deciding to give a |
|
| warning notice to the authority; and |
|
| (b) | give the appropriate national authority a copy of any warning |
|
| notice the Minister of the Crown decides to give. |
|
| (6C) | In subsection (3)(b) the “total amount of the sanction” means the sum of the |
|
| |
| (a) | the amount of the lump sum (if any) due from the United Kingdom |
|
| under the terms of the EU financial sanction (disregarding any |
|
| amount that falls to be excluded from the lump sum by virtue of |
|
| section (The EU financial sanctions to which Part 2 applies)(2)); and |
|
| (b) | the total amount of the periodic payments (if any) which have fallen |
|
| due from the United Kingdom on or before a day specified in the |
|
| notice (disregarding any amount that falls to be excluded from any |
|
| of those payments by virtue of section (The EU financial sanctions to |
|
| which Part 2 applies)(2)); |
|
| | and the day specified for the purposes of paragraph (b) must be no later |
|
| than the day on which the warning notice is given to the authority. |
|
| (6D) | The periodic payments to be taken into account for the purposes of |
|
| subsection (3)(c) do not include— |
|
| (a) | any periodic payment taken into account in calculating the total |
|
| amount of the sanction for the purposes of subsection (3)(b); or |
|
| (b) | any periodic payment, or any part of a periodic payment, that falls |
|
| to be excluded from the EU financial sanction by virtue of section |
|
| (The EU financial sanctions to which Part 2 applies)(2).” |
|
67 | Page 30, line 42, leave out “The Minister” and insert “A Minister of the Crown” |
|
68 | Page 30, line 43, leave out “(3)(d)(ii)” and insert “(3)(g)” |
|
69 | Page 30, line 43, leave out “subsection (3)(b)” and insert “section (Matters to be |
|
| determined before a final notice is given)(4)” |
|
70 | Page 30, line 44, after “authority” insert “— |
|
| |
71 | Page 30, line 45, leave out “criteria,” |
|
72 | Page 30, line 46, leave out “(3)(b), (c) or (e).” and insert “(3)(e) and (f); and |
|
| (b) | a copy of the warning notice incorporating those changes. |
|
| (7A) | A Minister of the Crown must consult the panel before making any changes |
|
| |
|