House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

1

House of Commons

Wednesday 15 January 2014

Public Bill Committee Proceedings

Deep Sea Mining Bill

Clause 1 Agreed to.

Sheryll Murray

Mr David Lidington

Agreed to  1

Clause  2,  page  1,  line  9,  after ‘Wales’ insert ‘, Scotland’.

Clause, as amended, Agreed to.

Sheryll Murray

Mr David Lidington

Agreed to  2

Schedule,  page  2,  line  30,  leave out ‘ “sovereign rights” to “other Sovereign Power”

substitute’ and insert ‘ “certifying” to “Power” substitute “or the Scottish Ministers

certifying that’.

Sheryll Murray

Mr David Lidington

Agreed to  3

Schedule,  page  3,  line  18,  leave out from ‘(2)’ to end of line 20 and insert—

‘( )
omit “subsection (4) and”, and

( )
for the words from “the Secretary of State” to the end substitute—

“(a)
the Secretary of State may on payment of such fee as

may with the consent of the Treasury be prescribed grant

to such persons as the Secretary of State thinks fit

exploration or exploitation licences, except where the

Scottish Ministers have power to grant the exploration or

exploitation licence in question;

(b)
the Scottish Ministers may on payment of such fee as

may be prescribed grant to such persons as they think fit

exploration or exploitation licences.”.’.

Public Bill Committee Proceedings: 15 January 2014
2

Deep Sea Mining Bill, continued

Sheryll Murray

Mr David Lidington

Agreed to  4

Schedule,  page  3,  line  24,  after ‘fit’ insert ‘or, as the case may be, the Scottish

Ministers think fit’.

Sheryll Murray

Mr David Lidington

Agreed to  5

Schedule,  page  3,  line  28,  after ‘fit’ insert ‘or, as the case may be, the Scottish

Ministers think fit’.

Sheryll Murray

Mr David Lidington

Agreed to  6

Schedule,  page  3,  line  40,  after ‘State’ insert ‘or, as the case may be, the Scottish

Ministers’.

Sheryll Murray

Mr David Lidington

Agreed to  7

Schedule,  page  3,  line  43,  after ‘State’ insert ‘or, as the case may be, the Scottish

Ministers’.

Sheryll Murray

Mr David Lidington

Agreed to  8

Schedule,  page  4,  line  9,  after ‘prescribed’ insert—

‘(ka)
requiring payment to the Scottish Ministers of such sums as may be

prescribed at such times as may be prescribed;’.

Sheryll Murray

Mr David Lidington

Agreed to  9

Schedule,  page  4,  line  11,  after ‘State’ insert ‘or, as the case may be, the Scottish

Ministers’.

Sheryll Murray

Mr David Lidington

Agreed to  10

Schedule,  page  4,  line  14,  leave out from ‘Where’ to ‘grant’ in line 15 and insert ‘the

Secretary of State has, or the Scottish Ministers have, granted an exploration licence,

neither the Secretary of State nor the Scottish Ministers may’.

Sheryll Murray

Mr David Lidington

Agreed to  11

Schedule,  page  4,  line  23,  leave out from beginning to ‘grant’ and insert ‘Neither the

Secretary of State nor the Scottish Ministers may’.

Sheryll Murray

Mr David Lidington

Agreed to  12

Schedule,  page  4,  line  31,  at end insert ‘or the Scottish Ministers’.

Public Bill Committee Proceedings: 15 January 2014
3

Deep Sea Mining Bill, continued

Sheryll Murray

Mr David Lidington

Agreed to  13

Schedule,  page  5,  line  18,  after ‘environment)’ insert—

‘(a)
in subsection (1)—

(i)
after “State”, in the first place, insert “or, as the case may be,

the Scottish Ministers”,

(ii)
after “State”, in the second place, insert “or the Scottish

Ministers”, and

(iii)
after “him” insert “(or them)”, and

(b)
’.

Sheryll Murray

Mr David Lidington

Agreed to  14

Schedule,  page  5,  line  19,  at end insert—

‘(ii)
after “State” insert “or the Scottish Ministers”, and

(iii)
after “considers” insert “(or they consider)”’.

Sheryll Murray

Mr David Lidington

Agreed to  15

Schedule,  page  5,  line  19,  at end insert—

‘6A
In section 6 (variation or revocation of licences), after subsection (2) insert—

“(3)
This section applies in relation to an exploration or exploitation

licence granted by the Scottish Ministers as if references to the

Secretary of State were references to the Scottish Ministers.”’.

Sheryll Murray

Mr David Lidington

Agreed to  16

Schedule,  page  5,  line  20,  leave out from ‘action)’ to end of line 21 and insert—

‘(a)
in subsection (1), after “State” insert “or, as the case may be, the Scottish

Ministers”,

(b)
in subsection (2)—

(i)
for “section 2(3) above, the Secretary of State” substitute

“section 2(3A) above, the Secretary of State or the Scottish

Ministers”, and

(ii)
after “considers” insert “(or they consider)”, and

(c)
in subsection (4), after “State” insert “or, as the case may be, the Scottish

Ministers”.’.

Sheryll Murray

Mr David Lidington

Agreed to  17

Schedule,  page  5,  line  26,  after ‘Court’ insert ‘or the Court of Session (“the

registering court”)’.

Sheryll Murray

Mr David Lidington

Agreed to  18

Schedule,  page  5,  line  29,  leave out ‘High Court’ and insert ‘registering court’.

Public Bill Committee Proceedings: 15 January 2014
4

Deep Sea Mining Bill, continued

Sheryll Murray

Mr David Lidington

Agreed to  19

Schedule,  page  5,  line  32,  leave out ‘appropriate’ and insert ‘registering’.

Sheryll Murray

Mr David Lidington

Agreed to  20

Schedule,  page  5,  line  38,  leave out ‘High Court’ and insert ‘registering court’.

Sheryll Murray

Mr David Lidington

Agreed to  21

Schedule,  page  5,  line  45,  leave out ‘High Court’ and insert ‘registering court’.

Sheryll Murray

Mr David Lidington

Agreed to  22

Schedule,  page  6,  line  3,  at end insert—

‘(7)
In the application of this section in relation to Scotland references to costs are to

be disregarded.’.

Sheryll Murray

Mr David Lidington

Agreed to  23

Schedule,  page  6,  line  24,  leave out from ‘award’ to end of line 25 and insert ‘and

(b)
is to be treated for the purposes of sections 18 to 22 of the Arbitration

(Scotland) Act 2010 (which make similar provision for Scotland) as a

Convention award,


whether or not (in either case) it would be so treated apart from this

section.”’.

Sheryll Murray

Mr David Lidington

Agreed to  24

Schedule,  page  6,  line  27,  at end insert—

‘
In section 11 (inspectors)—

(a)
in subsection (1)—

(i)
after “State” insert “or the Scottish Ministers”,

(ii)
after “him”, in both places, insert “(or them)”, and

(iii)
after “considers” insert “(or they consider)”, and

(b)
in subsection (2)—

(i)
after “State”, in the first place, insert “or the Scottish

Ministers”, and

(ii)
for “may determine with the approval” substitute “or, as the

case may be, the Scottish Ministers, may determine with the

approval (in the case of an appointment by the Secretary of

State)”’.


For section 12 substitute—

“12
Regulations and orders

(1)
The Secretary of State may make regulations—

Public Bill Committee Proceedings: 15 January 2014
5

Deep Sea Mining Bill, continued

(a)
prescribing anything required or authorised to be prescribed

under this Act in relation to an exploration or exploitation

licence granted or to be granted by the Secretary of State;

(b)
generally for carrying this Act into effect, except where the

Scottish Ministers have power to make provision under

subsection (2)(b).

(2)
The Scottish Ministers may make regulations—

(a)
prescribing anything required or authorised to be prescribed

under this Act in relation to an exploration or exploitation

licence granted or to be granted by the Scottish Ministers;

(b)
generally for carrying this Act into effect.

(3)
Regulations under this section may, in particular, make provision with

respect to any of the matters mentioned in the Schedule.

(4)
Regulations under this section may make different provision for

different cases or classes of case and may exclude the operation of any

provision of the regulations in specified cases.

(5)
Any power of the Secretary of State to make regulations or an order

under this Act is exercisable by statutory instrument.

(6)
A statutory instrument containing regulations made under this Act by

the Secretary of State is subject to annulment in pursuance of a

resolution of either House of Parliament.

(7)
Regulations under subsection (2) are subject to the negative

procedure, within the meaning of section 28 of the Interpretation and

Legislative Reform (Scotland) Act 2010.”’.

Sheryll Murray

Mr David Lidington

Agreed to  25

Schedule,  page  6,  line  28,  leave out ‘13 (disclosure of information)’ and insert ‘13(1)

(disclosure of information)—

(a)
in paragraph (b), for “or the Secretary of State” substitute “, the Secretary

of State or the Scottish Ministers”; and

(b)
’.

Sheryll Murray

Mr David Lidington

Agreed to  26

Schedule,  page  6,  line  32,  leave out from ‘in’ to ‘applies’ in line 33 and insert ‘the

following enactments’.

Sheryll Murray

Mr David Lidington

Agreed to  27

Schedule,  page  6,  line  34,  at end insert—

‘(2)
Those enactments are—

(a)
Part 2 of the Food and Environment Protection Act 1985 (deposits in the

sea);

(b)
Part 4 of the Marine and Coastal Access Act 2009 (marine licensing);

(c)
Part 4 of the Marine (Scotland) Act 2010 (marine licensing).’.

Public Bill Committee Proceedings: 15 January 2014
6

Deep Sea Mining Bill, continued

Sheryll Murray

Mr David Lidington

Agreed to  28

Schedule,  page  7,  line  38,  at end insert—

‘
After section 17 insert—

“17A
Exercise of functions by the Scottish Ministers

Any provision of this Act which confers a function on the Scottish

Ministers is to be read as conferring a function exercisable only so far

as within devolved competence (within the meaning of section 54 of

the Scotland Act 1998).”’.

Sheryll Murray

Mr David Lidington

Agreed to  29

Schedule,  page  7,  line  41,  at end insert—

‘
In the Schedule, in paragraph 5, after “Secretary of State” insert “(or, in the

case of regulations made under section 12(2), the Scottish Ministers)”.’.

Schedule, as amended, Agreed to.

Bill, as amended, to be reported.



© Parliamentary copyright	Revised 16 January 2014