Session 2010-11
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Public Bodies Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 17th March 2011, as follows—

Schedule 1
Clause 2
Schedule 2
Clause 3
Schedule 3
Clause 4
Schedule 4
Clause 5
Schedule 5
Clause 6
Schedule 6
Clauses 7 to 28

[Amendments marked * are new or have been altered]

Schedule 1

LORD WARNER

LORD RAMSBOTHAM

LORD ELTON

20A

Page 16, line 23, leave out “Youth Justice Board for England and Wales.”

LORD LOW OF DALSTON

BARONESS WILKINS

BARONESS GREY-THOMPSON

21

Page 16, line 30, at end insert—

“1A An order under section 1 must not be made in respect of the Disabled Persons Transport Advisory Committee unless the responsible Minister has first consulted on plans for successor arrangements with affected persons, including groups representing the interests of disabled persons, their families and carers.

1B Following consultation being undertaken under note 1A, the Minister must lay before Parliament a statement outlining—

(a) the proposed successor arrangements;

(b) the nature of the consultation undertaken on those successor arrangements;

(c) whether there was broad support for the successor arrangements proposed by the Government; and

(d) any concerns that consulted persons had with the Government’s proposals.”

21A

[Withdrawn]

LORD WARNER

LORD RAMSBOTHAM

21B

Page 16, line 36, at end insert—

“4 If an order is made under section 1(1) to abolish the Youth Justice Board for England and Wales, note 5 shall come into force on the day on which that order comes into force.

5 (1) The Minister shall establish an executive agency which shall have the functions of the Youth Justice Board for England and Wales (as defined in the Crime and Disorder Act 1998).

(2) That executive agency shall have on its board two members appointed by the Civil Service Commission who do not work for the agency and who the Commission considers to have experience that is likely to improve the development of the youth justice system; and one of those persons shall be the chair of the board.

(3) The members of the board appointed under paragraph (2) shall be appointed for a period of five years, and shall not be eligible for reappointment thereafter.

(4) The need for, and operations of, the executive agency shall be reviewed by the Minister ten years after it is established.”

BARONESS WHITAKER

21C*

Page 16, line 36, at end insert—

“(4) Notwithstanding the future of the Library Advisory Council for England, in exercising his responsibility under the Public Libraries and Museums Act 1964, the Secretary of State shall ensure that he has sufficient independent advice for him to enable local authorities to manage their public library duties effectively.”

Clause 2

LORD TAYLOR OF HOLBEACH

22

Page 1, line 15, leave out “Subject to section 16,”

LORD NEWTON OF BRAINTREE

23

Page 2, line 8, after “to” insert “another public body, whether or not listed in this Act, or to”

BARONESS HAYTER OF KENTISH TOWN

24

Page 2, line 9, at end insert—

“( ) In considering whether to exercise the powers under subsection (1), the Minister must have regard to the aims, objectives or functions of the body where these are specified in legislation.”

Schedule 2

LORD TAYLOR OF HOLBEACH

25

Page 17, line 14, at end insert—

“Group 5

Competition Commission.

Office of Fair Trading (“OFT”).”

LORD NEWTON OF BRAINTREE

26

Page 17, line 14, at end insert—

“Group 5

Administrative Justice and Tribunals Council.

Civil Justice Council.”

27

[Re-tabled as amendment 34A]

Clause 3

LORD TAYLOR OF HOLBEACH

28

Page 2, line 11, leave out “Subject to section 16,”

BARONESS HAYTER OF KENTISH TOWN

29

Page 2, line 37, at end insert—

“( ) In considering whether to exercise the powers under subsection (1), the Minister must have regard to the aims, objectives or functions of the body where these are specified in legislation.”

LORD WIGLEY

29A*

Page 2, line 37, at end insert—

“( ) To the extent that this section may be applicable to Sianel Pedwar Cymru (“S4C”), only subsection (2)(a) to (c) and (g) and subsection (3)(a), (b) and (d) shall apply.”

Schedule 3

LORD NEWTON OF BRAINTREE

30

Page 17, line 16, at end insert—

“Administrative Justice and Tribunals Council.”

LORD GREAVES

LORD JUDD

31

Page 17, line 18, leave out “Broads Authority.”

LORD NEWTON OF BRAINTREE

32

Page 17, line 18, at end insert—

“Civil Justice Council.”

BARONESS ROYALL OF BLAISDON

33

Page 17, line 19, leave out “Commission for Equality and Human Rights.”

LORD GREAVES

LORD JUDD

34

Page 17, line 23, leave out “National Park authorities in England.”

LORD WHITTY

34A

Page 17, line 24, leave out “Passengers’ Council (“Passenger Focus”).”

LORD ROBERTS OF CONWY

LORD CRICKHOWELL

34B

Page 17, line 24, at end insert—

“Sianel Pedwar Cymru (“S4C”).”

Clause 4

LORD TAYLOR OF HOLBEACH

35

Page 2, line 39, leave out “Subject to section 16,”

BARONESS HAYTER OF KENTISH TOWN

36

Page 2, line 45, at end insert—

“( ) In considering whether to exercise the powers under subsection (1), the Minister must have regard to the aims, objectives or functions of the body where these are specified in legislation.”

Schedule 4

LORD NEWTON OF BRAINTREE

37

Page 17, line 27, at end insert—

“Administrative Justice and Tribunals Council.

Civil Justice Council.”

BARONESS ROYALL OF BLAISDON

38

Page 17, line 28, leave out “Commission for Equality and Human Rights.”

LORD WHITTY

39

Page 18, line 5, leave out “Office of Communications (“Ofcom”).”

LORD ROBERTS OF LLANDUDNO

LORD WIGLEY

LORD MORRIS OF ABERAVON

40

Page 18, line 6, leave out “Sianel Pedwar Cymru (“S4C”).”

LORD ELYSTAN-MORGAN

LORD MORRIS OF ABERAVON

41

Page 18, line 6, at end insert—

“NOTE

1 The power under section 4 to modify the funding arrangements of Sianel Pedwar Cymru (“S4C”) shall only be exercisable in the event of the BBC Charter being amended so as to safeguard S4C’s independence as a body formed to safeguard the existence and future of the Welsh language.”

Clause 5

LORD TAYLOR OF HOLBEACH

42

Page 3, line 2, leave out “Subject to section 16,”

BARONESS HAYTER OF KENTISH TOWN

43

Page 3, line 11, at end insert—

“( ) In considering whether to exercise the powers under subsection (1)(a) and (b), the Minister must have regard to the aims, objectives or functions of the body where these are specified in legislation.”

Schedule 5

LORD TAYLOR OF HOLBEACH

44

Page 18, line 8, at end insert—

“Advisory Council on Public Records.”

LORD NEWTON OF BRAINTREE

45

Page 18, line 8, at end insert—

“Administrative Justice and Tribunals Council.”

LORD GREAVES

LORD TAYLOR OF HOLBEACH

46

Page 18, line 11, leave out “Broads Authority.”

LORD NEWTON OF BRAINTREE

47

Page 18, line 11, at end insert—

“Civil Justice Council.”

BARONESS ROYALL OF BLAISDON

48

Page 18, line 12, leave out “Commission for Equality and Human Rights.”

BARONESS THORNTON

BARONESS DEECH

49

Page 18, line 15, leave out “Human Fertilisation and Embryology Authority.”

BARONESS THORNTON

50

Page 18, line 16, leave out “Human Tissue Authority.”

LORD TAYLOR OF HOLBEACH

51

Page 18, line 17, at end insert—

“Keeper of Public Records.”

BARONESS HAYTER OF KENTISH TOWN

52

Page 18, line 17, at end insert—

“National Consumer Council (“Consumer Focus”).”

LORD GREAVES

LORD TAYLOR OF HOLBEACH

53

Page 18, line 18, leave out “National Park authorities in England.”

LORD WHITTY

54

Page 18, line 19, leave out “Office of Communications (“Ofcom”).”

LORD TAYLOR OF HOLBEACH

55

Page 18, line 20, at end insert—

“Public Records Office.”

Clause 6

BARONESS HAYTER OF KENTISH TOWN

56

Page 3, line 29, at end insert—

“( ) In considering whether to exercise the powers under subsection (1), the Minister must have regard to the aims, objectives or functions of the body where these are specified in legislation.”

LORD GREAVES

LORD TAYLOR OF HOLBEACH

57

Leave out Clause 6

Schedule 6

LORD TAYLOR OF HOLBEACH

58

Leave out Schedule 6

Clause 7

LORD TAYLOR OF HOLBEACH

59

Page 3, line 43, leave out subsection (4)

60

Page 4, line 4, at end insert—

“( ) An order under sections 1 to 5 may include provision repealing the entry in the Schedule by virtue of which the order was made.”

Clause 8

LORD TAYLOR OF HOLBEACH

60A

Page 4, line 7, leave out subsection (1) and insert—

“(1) A Minister may make an order under sections 1 to 5 only if the Minister considers that the order serves the purpose of improving the exercise of public functions, having regard to—

(a) efficiency,

(b) effectiveness,

(c) economy, and

(d) securing appropriate accountability to Ministers.”

LORD PHILLIPS OF SUDBURY

[As an amendment to Amendment 60A]

60B*

Line 5, leave out paragraph (a)

LORD NEWTON OF BRAINTREE

61

Page 4, line 8, at end insert—

“( ) achieving fairness, openness, transparency and justice;”

61A

Page 4, line 15, at end insert—

“( ) the order does not remove any necessary independence or objectivity in relation to the assessment of any public service, and”

BARONESS HAYTER OF KENTISH TOWN

62

Page 4, line 18, at end insert “, and

( ) achieving the aims and objectives of the body where these are specified in legislation”

Clause 9

LORD TAYLOR OF HOLBEACH

63

Page 5, line 5, leave out from “in” to “an” in line 6

64

Page 5, line 14, leave out subsection (8)

Clause 10

LORD HUNT OF KINGS HEATH

65

Page 5, line 22, after “consult” insert “the public, including”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

LORD ROSSER

66

Page 5, line 23, at end insert “including the staff of that body or office, and any independent trade unions who are recognised by the employer as representing those staff at that body or office”

LORD NEWTON OF BRAINTREE

66A

Page 5, line 39, after “Justice” insert “and such persons or bodies as appear to the Minister to be representative of litigants or persons appealing to tribunals and those who regularly advise them”

LORD KENNEDY OF SOUTHWARK

67

Page 5, line 39, after “Justice,” insert—

“( ) where the functions affected by the proposal have a bearing on local government, the Local Government Association, and the Convention of Scottish Local Authorities as appropriate, and the relevant local authorities,”

LORD HUNT OF KINGS HEATH

LORD GREAVES

LORD JUDD

68

Page 5, line 40, at end insert—

“( ) Where the responsible Minister considers that the changes proposed do not warrant a full public consultation under subsection (1), the Minister must publish a copy of the proposal on the website of the relevant government department or make it otherwise publicly accessible.”

LORD NEWTON OF BRAINTREE

68A

Page 5, line 45, leave out subsection (3)

Clause 11

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

LORD ROSSER

69

Page 6, line 3, leave out “may” and insert “must”

LORD TAYLOR OF HOLBEACH

69A

Page 6, line 8, leave out from “order” to end of line 9

LORD PHILLIPS OF SUDBURY

69AA*

Page 6, line 9, after “8(1)” insert “and proportionality in section 16(3)”

LORD TAYLOR OF HOLBEACH

69B

Page 6, line 10, after “that” insert—

“(i) the order serves the purpose in section 8(1), and”

69C

Page 6, line 11, at end insert—

“( ) if the order contains provision made by virtue of more than one entry in Schedules 1 to 5, explain why the Minister considers it appropriate for it to do so, and”

LORD NEWTON OF BRAINTREE

69D

Page 6, line 12, at end insert “, and

( ) in the case of an order under Schedule 1, state whether the Minister considers that any function of the body specified is required to be carried out in some other way, and, if so, by what other body or eligible person that function is to be carried out”

LORD WHITTY

BARONESS HAYTER OF KENTISH TOWN

70

Page 6, line 12, at end insert—

“(2A) Where a draft order under sections 1 to 6 and Schedules 1 to 6 relates to—

(a) an economic regulator established by statute; or

(b) a consumer body established by statute,

the explanatory document must include an explanation of how the order will affect the work of similar bodies established by statute.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

LORD ROSSER

71

Page 6, line 31, leave out subsections (7) to (10) and insert—

“(7) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (6)(a); and

(b) if any representations were so made, giving details of them.

(8) Subject to subsection (10), the Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(9) A committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (7) and before the draft order is approved by that House under subsection (8), recommend under this subsection that—

(a) the draft order should be approved in its current form;

(b) the draft order should be amended;

(c) no further proceedings be taken in relation to the draft order; or

(d) it is more appropriate for the proposals raised in the draft order to be progressed through a bill rather than a statutory instrument, having regard to—

(i) the public interest in the functions or decisions of the body;

(ii) the need for a body to act independently of government or ministerial direction;

(iii) whether the body considers issues of national importance.

(10) Where a recommendation is made by a committee of either House under subsection (9)(b) in relation to a draft order, the House may not proceed unless the recommendation is in the same session—

(a) rejected by a resolution of that House; or

(b) the House has approved the order as revised by the committee.

(11) Where a recommendation is made by a committee of either House under subsection (9)(c) or (d) in relation to a draft order, no proceedings may be taken in that House under subsection (8) unless the recommendation is in the same session rejected by a resolution of that House.

(12) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the revised draft with material changes, the Minister must lay before Parliament—

(a) a revised draft order; and

(b) a statement providing details of—

(i) any representations made under subsection (6)(a); and

(ii) the revisions proposed.

(13) The Minister may, after laying a revised order and statement under subsection (12), make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(14) However, a committee of either House charged with reporting on the revised draft may, at any time after the revised draft order is laid under subsection (12) and before it is approved under subsection (13), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(15) Where a recommendation is made by a committee of either House under subsection (14) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House unless the recommendation is, in the same session, rejected by resolution of that House.

(16) For the purposes of subsections (8) and (13), an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.”

After Clause 11

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

LORD NORTON OF LOUTH

LORD TAYLOR OF HOLBEACH

72

Insert the following new Clause—

“Time limit on scheduled bodies

Any entry in Schedules 1 to 5 ceases to have effect at the end of the period of five years beginning with the day on which it came into force (without affecting any order already made by virtue of that entry).”

LORD GOODHART

72A

Insert the following new Clause—

“Time limit on scheduled bodies (No. 2)

No order may be made under sections 1 to 6 after the dissolution of the Parliament in existence at the commencement of this Act.”

Clause 12

LORD TAYLOR OF HOLBEACH

73

Page 7, line 5, leave out paragraphs (b) and (c) and insert—

“(b) the Welsh devolved functions of the Environment Agency,

(c) the Welsh devolved functions of the Forestry Commissioners, or

(d) the functions of a Welsh Flood and Coastal Committee.”

74

Page 7, line 11, leave out “public functions in relation to Wales” and insert “Welsh devolved functions”

75

Page 7, line 12, leave out from “any” to second “to” in line 13 and insert “Welsh devolved function of the Environment Agency or the Forestry Commissioners”

76

Page 7, line 17, leave out “public functions in relation to Wales” and insert “Welsh devolved functions”

77

Page 7, line 17, at end insert—

“(3A) The Welsh Ministers may by order transfer any function of a Welsh Flood and Coastal Committee to—

(a) a new body,

(b) the Welsh Ministers, or

(c) any other person exercising Welsh devolved functions.”

78

Page 7, line 31, leave out subsections (7) to (11)

79

Page 8, line 23, at end insert—

“( ) In this section “Welsh Flood and Coastal Committee” means a Regional Flood and Coastal Committee established under section 22(1)(c) of the Flood and Water Management Act 2010 for a region wholly or mainly in Wales.

( ) The Welsh Ministers must consult the Secretary of State before making an order under subsection (1) or (3A) relating to a Welsh Flood and Coastal Committee for a region not wholly in Wales.”

After Clause 12

LORD TAYLOR OF HOLBEACH

80

Insert the following new Clause—

“Powers relating to other bodies

(1) The Welsh Ministers may by order abolish any of the following—

(a) an agricultural dwelling-house advisory committee for an area in, or consisting of, Wales;

(b) an agricultural wages committee for an area in, or consisting of, Wales;

(c) the Environment Protection Advisory Committee established pursuant to section 12(6) of the Environment Act 1995 (Wales);

(d) the regional and local fisheries advisory committee established pursuant to section 13(5) of that Act (Wales);

(e) a regional advisory committee maintained under section 37(1)(b) of the Forestry Act 1967 for a conservancy in, or consisting of, Wales.

(2) An order under subsection (1) may include provision transferring functions from the body being abolished to—

(a) the Welsh Ministers, or

(b) any other person exercising Welsh devolved functions.

(3) The Welsh Ministers may by order modify the funding arrangements of inspectors appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality).

(4) In subsection (3),the reference to modifying funding arrangements has effect as if the reference in section 4(2)(a) to a Minister were to the Welsh Ministers.

(5) The Welsh Ministers may by order do any of the following in relation to an internal drainage board for an area wholly or mainly in Wales—

(a) modify its constitutional arrangements;

(b) modify its functions;

(c) transfer any of its functions to—

(i) the Welsh Ministers;

(ii) any other person exercising Welsh devolved functions;

(iii) a company limited by guarantee;

(iv) a community interest company;

(v) a body of trustees or other unincorporated body of persons.”

(6) The Welsh Ministers must consult the Secretary of State before making an order under subsection (5) relating to an internal drainage board not wholly in Wales.”

Clause 13

LORD TAYLOR OF HOLBEACH

81

Page 8, line 25, after “12” insert “or (Powers relating to other bodies)”

82

Page 8, line 27, leave out subsections (2) to (4) and insert—

“(2) Where an order under either of those sections transfers functions, the power in subsection (1) includes power to make consequential or supplementary provision—

(a) to modify the constitutional or funding arrangements of the transferor or transferee (subject to subsection (4)),

(b) to modify functions of the transferor or transferee, or

(c) to confer powers of direction on the Welsh Ministers in relation to functions transferred.

(3) Where an order under either of those sections modifies functions of a body or office-holder, the power in subsection (1) includes power to make consequential or supplementary provision to modify the constitutional or funding arrangements of the body or office (subject to subsection (4)).

(4) Subsections (2) and (3) do not confer power on the Welsh Ministers to modify the constitutional or funding arrangements of—

(a) the Environment Agency,

(b) the Forestry Commissioners, or

(c) any other cross-border operator.

(5) In subsections (2) to (4) references to modifying funding arrangements have effect as if the reference in section 4(2)(a) to a Minister were to the Welsh Ministers.

(6) The Secretary of State may by order modify the constitutional or funding arrangements of a person referred to in subsection (4)(a) to (c) in consequence of an order made by the Welsh Ministers under section 12 or (Powers relating to other bodies).

(7) The reference in subsection (6) to modifying the funding arrangements of a person includes modifying the extent to which the person is funded by Welsh Ministers, but the Secretary of State may only modify the extent to which a person is funded by the Welsh Ministers with their consent.”

LORD ROWLANDS

83

Leave out Clause 13

Clause 14

LORD TAYLOR OF HOLBEACH

84

Page 9, line 2, leave out subsections (1) to (3) and insert—

“(1) A person to whom this section applies may make arrangements with another such person for—

(a) a Welsh devolved function relating to the environment exercised by one to be exercised by the other;

(b) co-operation in relation to the exercise of their respective Welsh devolved functions relating to the environment;

(c) the provision of administrative, professional or technical services by one to the other for purposes relating to the exercise of functions in or as regards Wales.

(2) This section applies to—

(a) the Environment Agency;

(b) the Forestry Commissioners;

(c) any other person exercising Welsh devolved functions relating to the environment.”

85

Page 9, line 15, at end insert “(including provision about the extent to which a fee may be charged in respect of anything done under the arrangements)”

86

Page 9, line 16, leave out “an order under subsection (4)” and insert “arrangements under this section involving, or an order under subsection (4) which affects—

(a) the Environment Agency,

(b) the Forestry Commissioners, or

(c) any other cross-border operator.”

After Clause 14

LORD TAYLOR OF HOLBEACH

86A

Insert the following new Clause—

“Purpose and conditions for orders made by Welsh Ministers

(1) The Welsh Ministers may make an order under section 12 or (Powers relating to other bodies) only if they consider that the order serves the purpose of improving the exercise of public functions having regard to—

(a) efficiency,

(b) effectiveness,

(c) economy, and

(d) securing appropriate accountability to Welsh Ministers.

(2) The Welsh Ministers may make an order under either of those sections only if they consider that—

(a) the order does not remove any necessary protection, and

(b) the order does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.”

87

Insert the following new Clause—

“Consent of UK Ministers

(1) The Secretary of State’s consent is required for an order under section 12 or (Powers relating to other bodies) which transfers a function to, or confers a function on—

(a) the Environment Agency,

(b) the Forestry Commissioners, or

(c) any other cross-border operator.

(2) The Secretary of State’s consent is required for an order under section 12 or (Powers relating to other bodies) made by virtue of section 13 which in any other way modifies the functions, other than Welsh devolved functions, of a person referred to in subsection (1).

(3) A Minister’s consent is required for an order under section 12 or (Powers relating to other bodies) which transfers a function to, or modifies the functions of, the Minister.”

LORD ROWLANDS

[As an amendment to Amendment 87]

Line 3, after “consent” insert “with the approval of both Houses of Parliament”

87A

LORD TAYLOR OF HOLBEACH

88

Insert the following new Clause—

“Consultation by Welsh Ministers

(1) Where the Welsh Ministers propose to make an order under sections 12 to 14 they must consult—

(a) any body or person exercising public functions to which the proposal relates,

(b) such other persons as appear to them to be representative of interests substantially affected by the proposal, and

(c) such other persons as they consider appropriate.

(2) If, as a result of consultation under subsection (1), it appears to the Welsh Ministers appropriate to change the whole or part of the proposal, they must carry out such further consultation with respect to the changes as seems appropriate.

(3) It is immaterial for the purposes of this section whether consultation is carried out before or after the commencement of this section.”

89

[Re-tabled as amendment 89A]

89A

[Re-tabled as amendment 86A]

89B

Insert the following new Clause—

“Procedure for orders by Welsh Ministers etc

(1) If after consultation under section (Consultation by Welsh Ministers) the Welsh Ministers consider it appropriate to proceed with the making of an order under sections 12 to 14, the Welsh Ministers may lay before the National Assembly for Wales—

(a) a draft order, and

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce and give reasons for the order,

(b) explain, in the case of an order under section 12 or (Powers relating to other bodies), why the Welsh Ministers consider that—

(i) the order serves the purpose in (Purpose and conditions for orders made by Welsh Ministers)(1), and

(ii) the conditions in section (Purpose and conditions for orders made by Welsh Ministers)(2)(a) and (b) are satisfied, and

(c) contain a summary of representations received in the consultation.

(3) The Welsh Ministers may not act under subsection (1) before the end of the period of twelve weeks beginning with the day on which the consultation began.

(4) Subject as follows, if after the expiry of the 40-day period the draft order laid under subsection (1) is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft order.

(5) The procedure in subsections (6) to (9) shall apply to the draft order instead of the procedure in subsection (4) if—

(a) the National Assembly for Wales so resolves within the 30-day period, or

(b) a committee of the Assembly charged with reporting on the draft order so recommends within the 30-day period and the Assembly does not by resolution reject the recommendation within that period.

(6) The Welsh Ministers must have regard to—

(a) any representations,

(b) any resolution of the National Assembly for Wales, and

(c) any recommendations of a committee of the Assembly charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(7) If after the expiry of the 60-day period the draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft order.

(8) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft order but with material changes, the Welsh Ministers may lay before the National Assembly for Wales—

(a) a revised draft order, and

(b) a statement giving a summary of the changes proposed.

(9) If the revised draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the revised draft order.

(10) For the purposes of this section an order is made in the terms of a draft order or revised draft order if it contains no material changes to its provisions.

(11) An order may not be made by the Secretary of State under section 13(6) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 15

LORD TAYLOR OF HOLBEACH

90

Leave out Clause 15

Clause 16

LORD TAYLOR OF HOLBEACH

90A

Page 9, line 26, leave out “the preceding provisions of this Act” and insert “sections 1 to 5”

90B

Page 9, line 37, leave out “the preceding provisions of this Act” and insert “sections 1 to 5”

90C

Transpose Clause 16 to before Clause 8

Clause 18

LORD TAYLOR OF HOLBEACH

91

Page 10, line 13, leave out subsection (1) and insert—

“(1) An order under the preceding provisions of this Act may not transfer any function to—

(a) a charity, or

(b) a person not otherwise exercising public functions who is not a charity,

unless the charity or person has consented.”

Clause 20

LORD TAYLOR OF HOLBEACH

92

Page 11, line 27, leave out “the transfer of a function under section 12” and insert “an order under section 12 or (Powers relating to other bodies)”

93

Page 11, line 36, leave out from “transferred” to end of line 37 and insert “to the Welsh Ministers, a person exercising Welsh devolved functions or a body corporate”

94

Page 11, line 37, at end insert—

“(3A) A transfer scheme may not transfer anything to a charity unless it has consented.”

Clause 21

LORD TAYLOR OF HOLBEACH

95

Page 12, line 37, at end insert “or a cross-border operator”

Clause 24

LORD DUBS

96

Page 13, line 39, at end insert—

“( ) If each House of Parliament passes a resolution that an order made under this Act shall have effect with a specified amendment, the order shall have effect as amended, with effect from—

(a) such time, after the passing of the resolutions, as may be specified in them, or

(b) if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed).”

LORD NEWTON OF BRAINTREE

97

Page 14, line 1, leave out subsection (4)

Clause 25

LORD TAYLOR OF HOLBEACH

98

Page 14, line 6, at end insert—

““charity” has the meaning given in section 1(1) of the Charities Act 2006;”

99

Page 14, line 8, at end insert—

““cross-border operator” means a person exercising functions or carrying on activities in or with respect to Wales (or any part of it) and England (or any part of it), but does not include—

(a) an internal drainage board, or

(b) a Regional Flood and Coastal Committee established under section 22(1)(c) of the Flood and Water Management Act 2010;”

100

Page 14, line 25, at end insert—

““Wales” has the same meaning as in the Government of Wales Act 2006;

“Welsh devolved function” means—

(a) a function conferred under an Act or Measure of the National Assembly for Wales;

(b) a function which is exercisable in or as regards Wales and could be conferred by an Act of the Assembly;

(c) a function in relation to which a function (other than a function of being consulted) is exercisable by the Welsh Ministers, the First Minister or the Counsel General to the Welsh Assembly Government,

and references to a person exercising a Welsh devolved function do not include a person exercising such a function by virtue of arrangements under section 14”

101

Page 14, line 28, at end insert “or the National Assembly for Wales”

102

Page 14, line 29, after “(2)” insert “in relation to an order laid before Parliament”

103

Page 14, line 31, at end insert—

“( ) For the purposes of subsection (2) in relation to an order laid before the National Assembly for Wales, no account is to be taken of any time during which the Assembly is dissolved or is in recess for more than four days.”