Session 2010 - 12
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Other Bills before Parliament


 
 

 

Public Bodies Bill [HL]

marshalled list of commons AMENDMENTS and amendments in

lieu

[The page and line references are to Bill 188, the bill as first printed for the Commons.]

Clause 1

1

Page 1, line 11, at end insert—

 

“( )    

a co-operative society,

 

( )    

a community benefit society,

 

( )    

a charitable incorporated organisation, or”

Clause 4

2

Page 2, line 37, at end insert—

 

“( )    

The consent of the Treasury is required to make an order under this

 

section.”

Clause 6

3

Page 3, line 24, at end insert—

 

“( )    

The consent of the Treasury is required to make provision by virtue of

 

subsection (2)(b) or (3) modifying funding arrangements.”

Clause 10

4

Page 5, line 31, after “Wales” insert “or the Welsh Ministers”

5

Page 5, line 40, at end insert—

 

“( )    

Subsection (1)(a) does not apply to a body with no members or an office

 

which is vacant; and, where a body is consulted under that provision, any

 

vacancy in its membership is immaterial.”

 
 
HL Bill 107-I55/1

 
 

2

 

Clause 11

6

Page 6, line 40, at end insert—

 

“(11)    

In this section, references to the “30-day”, “40-day” and “60-day” periods in

 

relation to any draft order are to the periods of 30, 40 and 60 days beginning

 

with the day on which the draft order was laid before Parliament.

 

(12)    

For the purposes of subsection (11) no account is to be taken of any time

 

during which Parliament is dissolved or prorogued or during which either

 

House is adjourned for more than four days.”

Clause 13

7

Page 7, line 29, leave out “Welsh devolved function relating to the environment”

 

and insert “Welsh environmental function”

Clause 14

8

Page 8, line 30, at end insert—

 

“( )    

In subsection (5)(a), the reference to modifying constitutional

 

arrangements has effect as if the references in section 3(2)(h) and (3)(e) to

 

Ministers were to the Welsh Ministers.”

Clause 15

9

Page 9, line 10, after “modifying” insert “constitutional or”

10

Page 9, line 11, leave out “section 4(2)(a)” and insert “sections 3(2)(h) and (3)(e) and

 

4(2)(a)”

Clause 16

11

Page 9, line 20, leave out Clause 16

Clause 18

12

Page 10, line 23, leave out “functions, other than Welsh devolved functions,” and

 

insert “non-devolved functions”

Clause 19

13

Page 10, line 28, leave out “sections 13 to 16” and insert “section 13 or 14”

14

Page 10, line 40, at end insert—

 

“( )    

Subsection (1)(a) does not apply to a body with no members or an office

 

which is vacant; and, where a body is consulted under that provision, any

 

vacancy in its membership is immaterial.”

Clause 20

15

Page 11, line 3, leave out “sections 13 to 16” and insert “section 13 or 14”

16

Page 11, line 9, leave out “, in the case of an order under section 13 or 14,”

 
 

 
 

3

17

Page 11, line 45, at end insert—

 

“(10A)    

In this section, references to the “30-day”, “40-day” and “60-day” periods in

 

relation to any draft order are to the periods of 30, 40 and 60 days beginning

 

with the day on which the draft order was laid before the National

 

Assembly for Wales.

 

(10B)    

For the purposes of subsection (10A) no account is to be taken of any time

 

during which the National Assembly for Wales is dissolved or is in recess

 

for more than four days.”

Clause 21

18

Page 12, line 6, leave out “or authorise the creation of”

Clause 22

19

Page 12, line 21, leave out from “functions” to end of line 23

Clause 23

20

Page 12, line 34, leave out “or authorise the creation of”

Clause 26

21

Page 15, line 35, after “duty” (where first occurring) insert “, stamp duty land tax”

After Clause 26

22

Insert the following new Clause—

 

“Delegation of functions by Environment Agency

 

(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.”

23

Insert the following new Clause—

 
 

 
 

4

 
 

“Delegation of Welsh environmental functions

 

(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;

 

(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.”

24

Insert the following new Clause—

 

“Shared services

 

(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.

 
 

 
 

5

 
 

(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.

 

(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.”

25

Insert the following new Clause—

 

“Shared services: Forestry Commissioners

 

(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.

 
 

 
 

6

 
 

(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.”

26

Insert the following new Clause—

 

“Regional development agencies

 

(1)    

The regional development agencies are abolished.

 

(2)    

Subsection (1) does not apply to the London Development Agency

 

(provision for the abolition of which is contained in the Localism Act 2011).

 

(3)    

The enactments specified in Schedule (regional development agencies:

 

consequential repeals) are repealed to the extent shown.

 

(4)    

The Secretary of State may by order make provision for the purpose of

 

facilitating or securing that activities begun by a regional development

 

agency may be continued or completed by another person.

 

(5)    

That includes in particular provision securing or facilitating that a person

 

continuing or completing activities begun by a regional development

 

agency may for their own purposes exercise any power of the agency.

 

(6)    

The powers referred to in subsection (5) include—

 

(a)    

powers of compulsory acquisition of land or rights over land;

 

(b)    

rights of entry.

 

(7)    

The Secretary of State may by order make other consequential,

 

supplementary, incidental or transitional provision, or savings.

 

(8)    

A statutory instrument containing an order under this section—

 

(a)    

if it contains provision repealing or amending an enactment, may

 

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

 

and approved by a resolution of, each House of Parliament;

 

(b)    

in any other case, is subject to annulment in pursuance of a

 

resolution of either House of Parliament.

 

(9)    

The Secretary of State may make a scheme for the transfer of property,

 

rights and liabilities of a regional development agency to an eligible person

 

or any body corporate in connection with the abolition of the agency under

 

subsection (1); and sections 24(4) to (9) and 26 apply in relation to such a

 

scheme.

 

(10)    

A scheme under subsection (9) may be included in an order under this

 

section, but if not so included must be laid before Parliament after being

 

made.

 

(11)    

In this section “regional development agency” means a development

 

agency established under the Regional Development Agencies Act 1998.”

27

Insert the following new Clause—

 
 

 
 

7

 
 

“Sianel Pedwar Cymru

 

For section 61 of the Broadcasting Act 1990 (funding of Sianel Pedwar

 

Cymru) there is substituted—

 

“61    

Funding of Welsh Authority

 

(1)    

The Secretary of State shall secure that in 2012 and each subsequent

 

year the Welsh Authority are paid an amount which he considers

 

sufficient to cover the cost to the Authority during that year of—

 

(a)    

providing the Authority’s public services (within the

 

meaning of section 207 of the Communications Act 2003),

 

and

 

(b)    

arranging for the broadcasting or distribution of those

 

services.

 

(2)    

The Secretary of State may discharge the duty in subsection (1) by

 

making payments himself or entering into an agreement with

 

another person for that person to do so (or both).

 

(3)    

If under this section the Welsh Authority are paid an amount for

 

any year which exceeds the cost referred to in subsection (1), the

 

Authority may pay the difference from the public service fund

 

referred to in section 61A to the person (or pro rata to the persons)

 

from whom payments were received.

 

(4)    

Any sums required by the Secretary of State under this section shall

 

be paid out of money provided by Parliament.””

28

Insert the following new Clause—

 

“V & A, Science Museum, Kew and English Heritage

 

(1)    

The National Heritage Act 1983 is amended as follows.

 

(2)    

In section 3 (power of the Board of Trustees of the Victoria and Albert

 

Museum to form companies)—

 

(a)    

in subsection (1), for “one or more of those mentioned in subsection

 

(2)” there is substituted—

 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the Board’s

 

functions.”;

 

(b)    

in subsection (2) for “objects” there is substituted “particular

 

objects”.

 

(3)    

In section 11 (power of the Board of Trustees of the Science Museum to

 

form companies)—

 

(a)    

in subsection (1) for “one or more of those mentioned in subsection

 

(2)” there is substituted—

 

“(a)    

one or more of the particular objects mentioned in

 

subsection (2), or

 

(b)    

any other object or objects incidental to the Board’s

 

functions.”;

 
 

 
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Revised 23 November 2011