Session 2014 - 15
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Public Bill Committee: 15 January 2015                  

327

 

Infrastructure Bill-[ [], continued

 
 

7          

In Schedule 3 (unregistered interests which override registered dispositions)

 

after paragraph 9 insert—

 

“Rights under the electronic communications code

 

9A         

A code right within the meaning of Schedule 3A to the

 

Communications Act 2003 (the electronic communications code),

 

other than a right conferred by a lease.”

 

Communications Act 2003 (c. 21)

 

8          

The Communications Act 2003 is amended as follows.

 

9    (1)  

Section 394 (service of notifications and other documents) is amended as

 

follows.

 

      (2)  

In subsection (2) omit paragraph (d).

 

      (3)  

After subsection (10) insert—

 

“(11)    

In its application to Schedule 3A this section is subject to paragraph

 

88 of that Schedule.”

 

10  (1)  

Section 402 (power of Secretary of State to make orders and regulations) is

 

amended as follows.

 

      (2)  

In subsection (2) after paragraph (a) insert—

 

“(aa)    

regulations under paragraph 24 of Schedule 3A,

 

(ab)    

regulations under paragraph 92 of that Schedule which

 

amend, repeal or modify the application of primary

 

legislation,”.

 

      (3)  

After subsection (2) insert—

 

“(2A)    

A statutory instrument containing (whether alone or with other

 

provisions)—

 

(a)    

regulations under paragraph 24 of Schedule 3A, or

 

(b)    

regulations under paragraph 92 of that Schedule which

 

amend, repeal or modify the application of primary

 

legislation,

 

    

may not be made unless a draft of the instrument has been laid before

 

and approved by a resolution of each House of Parliament.”

 

      (4)  

After subsection (3) insert—

 

“(4)    

In this section “primary legislation” means—

 

(a)    

an Act of Parliament,

 

(b)    

a Measure or Act of the National Assembly for Wales,

 

(c)    

an Act of the Scottish Parliament, or

 

(d)    

Northern Ireland legislation.”


 
 

Public Bill Committee: 15 January 2015                  

328

 

Infrastructure Bill-[ [], continued

 
 

Consequential repeals

 

11         

In consequence of the amendments made by section (The electronic

 

communications code) and this Schedule, Schedule 3 to the Communications

 

Act 2003 is repealed.””

 

Member’s explanatory statement

 

This amendment makes amendments which are consequential on the introduction of the electronic

 

communications code.

 


 

Mr John Hayes

 

71

 

Clause  46,  page  52,  line  31,  leave out “or”

 

Member’s explanatory statement

 

This amendment and amendment 72 make provision about the procedure applying to the powers

 

to make amendments in secondary legislation conferred by amendment NC19.

 

Mr John Hayes

 

38

 

Clause  46,  page  52,  line  32,  after “17” insert “, (Mayoral development orders)”

 

Member’s explanatory statement

 

This amendment applies the affirmative procedure to regulations under the new clause in

 

amendment NC8 where the regulations amend, repeal or modify the application of an Act.

 

Mr John Hayes

 

70

 

Clause  46,  page  52,  line  32,  after “section 17” insert “(1)(a)”

 

Member’s explanatory statement

 

This amendment provides that the negative procedure applies to regulations under clause 17(1)(b)

 

where transitional or transitory provision or savings which modify the application of an Act are

 

made in respect of Part 1.

 

Mr John Hayes

 

72

 

Clause  46,  page  52,  line  33,  at end insert “or

 

( )    

regulations under section (The electronic communications code) which

 

amend, repeal or modify the application of primary legislation within the

 

meaning of that section,”

 

Member’s explanatory statement

 

The explanatory statement for amendment 71 also applies to this amendment.

 


 

Mr John Hayes

 

39

 

Clause  47,  page  53,  line  27,  leave out first “section” and insert “sections (Mayoral

 

development orders)(2) to (4) and”

 

Member’s explanatory statement

 

This amendment provides for the power to make regulations in the new clause in amendment NC8

 

to extend to England and Wales only.


 
 

Public Bill Committee: 15 January 2015                  

329

 

Infrastructure Bill-[ [], continued

 
 

Mr John Hayes

 

40

 

Clause  47,  page  53,  line  32,  after “45” insert “, section (Reimbursement of persons

 

who have met expenses of making electrical connections)”

 

Member’s explanatory statement

 

This amendment makes provision for the new clause inserted by amendment NC9 to extend to

 

England and Wales and Scotland.

 

Mr John Hayes

 

45

 

Clause  47,  page  53,  line  35,  at end insert—

 

“( )    

Part 5A (Public Works Loan Commissioners) extends to England and Wales,

 

Scotland and Northern Ireland.”

 

Member’s explanatory statement

 

This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part

 

expected to be formed by NC10.

 

Mr John Hayes

 

73

 

Clause  47,  page  53,  line  35,  at end insert—

 

“( )    

Part 5B (the electronic communications code) extends to England and Wales,

 

Scotland and Northern Ireland, save that an amendment or repeal made by that

 

Part has the same extent as the provision to which it relates.

 

( )    

The power in section 411(6) of the Communications Act 2003 (power to extend

 

provisions of Act to Channel Islands and Isle of Man) is exercisable in relation to

 

the amendments of that Act made by or under Part 5B.”

 

Member’s explanatory statement

 

This amendment and amendments 43, 75 and 76 make consequential amendments on extent and

 

commencement and to the long title to allow for the introduction of the electronic communications

 

code. The reference to Part 5B is to a new Part expected to be formed by amendments NC19, NS1

 

and NS3.

 


 

Mr John Hayes

 

41

 

Clause  48,  page  54,  line  16,  after “passed,” insert—

 

“(ca)    

section (Mayoral development orders) and Schedule (Mayoral

 

development orders) come into force—

 

(i)    

in so far as they confer power to make provision by regulations

 

or by development order within the meaning of the Town and

 

Country Planning Act 1990, on the day on which this Act is

 

passed, and

 

(ii)    

for all other purposes, on such day as the Secretary of State

 

appoints by regulations,”

 

Member’s explanatory statement

 

This amendment and amendment 43 make provision about the commencement of the new clause

 

inserted by amendment NC8 and the new Schedule inserted by amendment NS1.


 
 

Public Bill Committee: 15 January 2015                  

330

 

Infrastructure Bill-[ [], continued

 
 

Mr John Hayes

 

42

 

Clause  48,  page  54,  line  26,  after “37” insert “, section (Reimbursement of persons

 

who have met expenses of making electrical connections)”

 

Member’s explanatory statement

 

This amendment makes provision for the new clause inserted by amendment NC9 to come into

 

force on the day appointed by the Secretary of State in regulations.

 

Mr John Hayes

 

46

 

Clause  48,  page  54,  line  29,  at end insert—

 

“( )    

Part 5A (Public Works Loan Commissioners) comes into force at the end of the

 

period of two months beginning with the day on which this Act is passed.”

 

Member’s explanatory statement

 

This amendment is consequential on NC10. The reference to Part 5A is a reference to a new Part

 

expected to be formed by NC10.

 

Mr John Hayes

 

74

 

Clause  48,  page  54,  line  29,  at end insert—

 

“(6B)    

Part 5B (the electronic communications code) comes into force on such day as the

 

Secretary of State appoints by regulations.”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.

 

Mr John Hayes

 

43

 

Clause  48,  page  54,  line  31,  leave out “or (b)(ii)” and insert “, (b)(ii) or (ca)(ii)”

 

Member’s explanatory statement

 

The explanatory statement for amendment 41 also applies to this amendment.

 

Mr John Hayes

 

75

 

Clause  48,  page  54,  line  31,  leave out “or (6)(c)” and insert “, (6)(c) or (6B)”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.

 


 

Mr John Hayes

 

7

 

Clause  49,  page  54,  line  41,  leave out subsection (2).

 

Member’s explanatory statement

 

This amendment removes the words inserted by the Lords to avoid questions of privilege.

 



 
 

Public Bill Committee: 15 January 2015                  

331

 

Infrastructure Bill-[ [], continued

 
 

Mr John Hayes

 

44

 

Title,  line  15,  after “incentives;” insert “to make provision about the reimbursement of

 

persons who have paid for electricity connections;”

 

Member’s explanatory statement

 

This amendment is consequential on amendment NC9.

 

Mr John Hayes

 

47

 

Title,  line  15,  after “incentives;” insert “to make provision for enabling the Public Works

 

Loan Commissioners to be abolished;”

 

Member’s explanatory statement

 

This amendment is consequential on NC10.

 

Mr John Hayes

 

76

 

Title,  line  15,  after “incentives;” insert “to make provision about the electronic

 

communications code;”

 

Member’s explanatory statement

 

The explanatory statement for amendment 73 also applies to this amendment.

 

 

Order of the House [8 DECEMBER 2014]

 

That the following provisions shall apply to the Infrastructure Bill [Lords]:

 

Commital

 

1.    

The Bill shall be committed to a Public Bill Committee

 

Proceedings in Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 15 January 2015.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading..

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 
 

Public Bill Committee: 15 January 2015                  

332

 

Infrastructure Bill-[ [], continued

 
 

Order of the Committee [16 December 2014]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 16

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 16 December;

 

(b)  

at 11.30 am on Thursday 18 December;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 6 January;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 8 January;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 13 January;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 15 January;

 

(2)  

the proceedings shall be taken in the following order: Clause 1; Schedule 1;

 

Clauses 2 and 3; Schedule 2; Clauses 4 to 13; Schedule 3; Clauses 14 to 29;

 

Schedule 4; Clauses 30 to 33; Schedule 5; Clauses 34 to 37; Schedule 6;

 

Clauses 38 to 45; new Clauses; new Schedules; Clauses 46 to 49; remaining

 

proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 15 January.

 


 
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Revised 15 January 2015