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The House met at half-past Ten o'clock.
PRAYERS.
1 First Standing Committee on Delegated Legislation,—Mr Martyn Jones reported from the First Standing Committee on Delegated Legislation the draft Social Security (Graduated Retirement Benefit) (Consequential Provisions) Order 2006.
Minutes of Proceedings of the Committee to lie upon the Table.
2 Second Standing Committee on Delegated Legislation,—Mr Greg Pope reported from the Second Standing Committee on Delegated Legislation the draft Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Message from the Lords,—A Message was brought from the Lords, as follows:
Police and Justice Bill,—The Lords agree to the Police and Justice Bill, with Amendments, to which they desire the concurrence of this House.
4 Police and Justice Bill,—Lords Amendments to the Police and Justice Bill to be considered to-morrow; and to be printed [Bill 230].
5 Procurement of Innovative Technologies and Research Bill,—The Order for reading the Procurement of Innovative Technologies and Research Bill a second time on Friday 20th October was read and discharged.
6 Passenger Transport Authorities (Regulation) Bill,—The Order for reading the Passenger Transport Authorities (Regulation) Bill a second time on Friday 20th October was read and discharged.
7 Telecommunications Masts (Planning Control) Bill,—The Order for resuming on Friday 20th October the adjourned Debate on the Question proposed on 3rd March, That the Telecommunications Masts (Planning Control) Bill be read a second time, was read and discharged.
8 Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]) [3rd allocated day],—The House, according to Order, proceeded further to consider the Companies Bill [Lords] (changed from Company Law Reform Bill [Lords]), as amended in the Standing Committee.
Another Clause (NC15) (Duty to provide information about exercise of voting rights)—(Mr Jonathan Djanogly)—brought up, and read the first time.
Question proposed that the Clause be read a second time:—Clause, by leave, withdrawn.
Another Amendment (No. 435) proposed to the Bill, in page 604, line 4, at the end, to insert the words—
'(7) Regulations under this section shall be subject to public consultation prior to publication, and shall be the subject of a cost benefit analysis.'.—(Mr Jonathan Djanogly.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Andrew Selous, Mr Simon Burns: 147.
Tellers for the Noes, Mr Ian Cawsey, Jonathan Shaw: 253.
Another Amendment (No. 740) made to the Bill.
Another Amendment (No. 439) proposed to the Bill, in page 251, line 28, to leave out the words 'knowingly or recklessly' and insert the words 'dishonestly or fraudulently', instead thereof.—(Justine Greening.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Andrew Selous, Mr Simon Burns: 121.
Tellers for the Noes, Jonathan Shaw, Mr Ian Cawsey: 306.
Another Clause (NC86) (Circulation of liability limitation agreement)—(Jim Cousins)—brought up, and read the first time.
Question proposed, That the Clause be read a second time:—Clause, by leave, withdrawn.
Other Amendments (Nos. 241, 242, 447, 243 to 245, 544, 545, 246, 546, 714, 547, 247 to 252, 548, 448, 213, 225, 449, 648, 549, 826 and 550 to 552) made to the Bill.
Other Clauses (NC8) (Removal of special provisions about accounts and audit of charitable companies), (NC10) (Instruments creating charges and register of charges to be available for inspection), (NC11) (Instruments creating charges and register of charges to be available for inspection), (NC12) (Regulations about where certain company records to be kept available for inspection, (NC18) (Application of this Part), (NC19) (Relationship of this Part to Part 27), (NC20) (Mergers and merging companies), (NC21) (Draft terms of scheme (merger)), (NC22) (Publication of draft terms (merger)), (NC23) (Approval of members of merging companies), (NC24) (Directors' explanatory report (merger)), (NC25) (Expert's report (merger)), (NC26) (Supplementary accounting statement (merger)), (NC27) (Inspection of documents (merger)), (NC28) (Approval of articles of new transferee company (merger)), (NC29) (Protection of holders of securities to which special rights attached (merger)), (NC30) (No allotment of shares to transferor company or its nominee (merger)), (NC31) (Circumstances in which certain particulars and reports not required (merger)), (NC32) (Circumstances in which meeting of members of transferee company not required (merger)), (NC33) (Circumstances in which no meetings required (merger)), (NC34) (Other circumstances in which meeting of members of transferee company not required (merger)), (NC35) (Divisions and companies involved in a division), (NC36) (Draft terms of scheme (division)), (NC37) (Publication of draft terms (division)), (NC38) (Approval of members of companies involved in the division), (NC39) (Directors' explanatory report (division)), (NC40) (Expert's report (division)), (NC41) (Supplementary accounting statement (division)), (NC42) (Inspection of documents (division)), (NC43) (Report on material changes of assets of transferor company (division)), (NC44) (Approval of articles of new transferee company (division)), (NC45) (Protection of holders of securities to which special rights attached (division)), (NC46) (No allotment of shares to transferor company or its nominee (division)), (NC47) (Circumstances in which meeting of members of transferor company not required (division)), (NC48) (Circumstances in which meeting of members of transferee company not required (division)), (NC49) (Agreement to dispense with reports etc (division)), (NC50) (Power of court to exclude certain requirements (division)), (NC51) (Expert's report: valuation by another person), (NC52) (Experts and valuers: independence requirement), (NC53) (Experts and valuers: meaning of "associate"), (NC54) (Power of court to summon meeting of members or creditors of existing transferee company), (NC55) (Court to fix date for transfer of undertaking etc of transferor company), (NC56) (Liability of transferee companies for each other's defaults), (NC57) (Meaning of "liabilities" and "property"), (NC58) (Consequences of order imposing restrictions), (NC59) (Penalty for attempted evasion of restrictions), (NC60) (Relaxation of restrictions), (NC61) (Removal of restrictions), (NC62) (Order for sale of shares), (NC63) (Application of proceeds of sale under court order)—(Margaret Hodge)—brought up, read the first and second time and added to the Bill.
Other Clauses (NC64) (Registrar's requirements as to certification or verification) and (NC65) (Meaning of "UK-registered company")—(Vera Baird)—brought up, read the first and second time and added to the Bill.
Other Clauses (NC66) (Application of Part 27), (NC67) (Court order for holding of meeting), (NC68) (Statement to be circulated or made available), (NC69) (Duty of directors and trustees to provide information), (NC70) (Court sanction for compromise or arrangement) and (NC71) (Powers of court to facilitate reconstruction or amalgamation)—(Margaret Hodge)—brought up, read the first and second time and added to the Bill.
Another Clause (NC77) (Documents to be incorporated in or accompany copies of articles issued by company)—(Margaret Hodge)—brought up and read the first time.
Question proposed, That the Clause be read a second time.
And it being Four o'clock, the Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [17th October]:—It was agreed to.
Clause added to the Bill.
The Deputy Speaker then put the Questions on the remaining new Clauses and certain Amendments moved by a Minister of the Crown.
Other Clauses (NC78) (Resolutions to be forwarded to registrar), (NC79) (Obligations of company with respect to articles etc), (NC80) (Supplementary provisions where company's constitution altered), (NC84) (Power to accept documents not meeting requirements for proper delivery), (NC85) (Documents containing unnecessary material), (NC87) (Treatment of reserve arising from reduction of capital), (NC88A) (Company charges), (NC92) (The authorised minimum), (NC93) (Power to alter authorised minimum), (NC94) (Authorised minimum: application of initial requirement), (NC95) (Authorised minimum: application where shares denominated in different currencies etc), (NC96) (Company contracts and execution of documents by companies), (NC98) ("Non-cash asset"), (NC99) (Notice to registrar of existence of restriction on amendment of articles) and (NC100) (Statement of compliance where amendment of articles restricted)—(Margaret Hodge)—brought up, read the first time and added to the Bill.
Other Amendments (Nos. 470, 471, 823, 472, 764, 718, 765, 719, 720, 473, 721, 766, 722, 688, 206) made to the Bill
The Deputy Speaker then put the Question on an Amendment selected by the Speaker for separate decision.
Another Amendment (No. 790) proposed to the Bill, in page 9, line 13, to leave out Clause 22.—(James Brokenshire.)
Question put, That the Amendment be made.
The House divided.
Tellers for the Ayes, Andrew Selous, Mr Tobias Ellwood: 116.
Tellers for the Noes, Mr Frank Roy, Liz Blackman: 304.
The Deputy Speaker then put the Questions on the remaining Amendments and new Schedules moved by a Minister of the Crown.
Other Amendments (Nos. 837 to 841, 791, 792, 689 to 698, 158, 804, 784, 159, 160, 767 to 769, 339, 553, 15, 442, 805, 615, 699, 616, 617, 214, 574 to 577, 618, 27, 578 to 581, 620 to 632, 649, 650, 700, 817, 582, 583, 819, 47, 806, 49, 635, 807, 701, 52, 637, 638, 459 to 463, 639, 640, 464, 465, 641, 642, 584 to 586, 226, 587, 227, 702, 270 to 274, 228, 651, 275 to 280, 231, 69, 588, 589, 590, 652, 653, 72, 215, 281, 216, 74, 172, 173, 808, 79, 229, 230, 738, 739, 454, 455, 282 to 292, 217 to 219, 86, 232, 308 to 310, 657 to 659, 87, 660 to 663, 89 to 91, 827, 781, 735, 782, 741, 293 to 295, 785 to 787, 296 to 298, 520 to 529, 342, 343, 141, 345, 346, 703, 704, 667, 678, 99, 101, 669 to 671, 105, 673, 674, 480 to 483, 514, 515, 505 to 508, 516, 509, 220, 484, 466 to 469, 742, 174, 743 to 748, 175 to 187, 749, 783, 736, 188, 189, 233, 750, 190, 191, 504, 234, 192 to 194, 485, 221, 456 to 458, 299, 300, 486, 554 to 564, 253, 655, 828, 518, 829 to 832, 307, 833, 834, 487, 737, 517, 152 to 157, 519, 195 to 197, 317 to 326, 198, 327 to 335 and 809 to 815) made to the Bill.
Schedules (NS1) (Removal of special provisions about accounts and audit of charitable companies), (NS2) (Index of defined expressions) and (NS3) (Repeals)—(Margaret Hodge)—brought up, read the first time and added to the Bill.
Other Amendments (Nos. 199, 200, 565, 123, 566 to 569, 124, 570, 571, 450 to 453, 705, 572, 573, 835, 201 to 205, 336 to 338, 816 and 836) made to the Bill.
A Motion being made, That the Bill be now read the third time;
Margaret Hodge, by Her Majesty's Command, acquainted the House, That Her Majesty, having been informed of the purport of the Bill, gives her Consent, as far as Her Majesty's interest is/are concerned, That the House may do therein as it shall think fit.
Margaret Hodge, by Command of the Prince of Wales, acquainted the House, That His Royal Highness, having been informed of the purport of the Bill, gives his Consent, as far as the Prince of Wales's interest is concerned, That the House may do therein as it shall think fit.
And the Question being put:—It was agreed to.
The Bill was accordingly read the third time, and passed, with Amendments.
9 Adjournment,—A Motion was made, and the Question being proposed, That this House do now adjourn—(Mr John Heppell);
And it being Six o'clock, the Motion for the adjournment of the House lapsed, without Question put.
10 Adjournment,—Resolved, That this House do now adjourn.—(Mr John Heppell.)
And accordingly, the House, having continued to sit till twenty-nine minutes past Six o'clock, adjourned till to-morrow.
[Adjourned at 6.29 p.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Nine o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1 Constitutional Law,—Draft National Assembly for Wales (Transfer of Functions) (No. 2) Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Mr Secretary Hain].
2 Legal Services,—Draft Association of Law Costs Draftsmen Order 2006 [by Act], with an Explanatory Memorandum [by Command] [Bridget Prentice].
3 Representation of the People,—(1) Draft Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006;
(2) draft Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006; and
(3) draft Service Voters' Registration Period Order 2006
[by Act], with Explanatory Memoranda thereon [by Command] [Bridget Prentice].
Papers subject to Negative Resolution:
4 Broadcasting,—Broadcasting Digital Terrestrial Sound (Technical Service) Order 2006 (S.I., 2006, No. 2793), dated 18th October 2006 [by Act], with an Explanatory Memorandum [by Command] [Secretary Tessa Jowell].
5 Universities of Oxford and Cambridge,—Statute, dated 17th March 2006, made by the Governing Body of Churchill College in the University of Cambridge, amending the Statutes of the College [by Act] [Ms Harriet Harman].
Other Papers:
6 Culture, Media and Sport,—Government Response to the Third Report from the Culture, Media and Sport Committee, Session 2005-06, on Protecting and Preserving our Heritage [by Command] [Cm. 6947] [Secretary Tessa Jowell].
7 Public Petitions,—Observations by the Secretary of State for Health on the Petition [21st June] from Mr D Scott and others for a moratorium on the prescription of Seroxat [by Standing Order]; to be printed [Clerk of the House].
APPENDIX II
Standing Committees
1 Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006 (S.I., 2006. No. 2383),—The Speaker has appointed Mr David Wilshire Chairman of the First Standing Committee on Delegated Legislation in respect of the Order.
2 Draft Rates (Amendment) (Northern Ireland) Order 2006,—The Speaker has appointed Mr Christopher Chope Chairman of the Second Standing Committee on Delegated Legislation in respect of the draft Order.
3 Code of Practice on Consent (Code 1) and the Human Tissue Act 2004 (Ethical Approval, Exemptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I., 2006, No. 1260):
(1) The Speaker has appointed Miss Anne Begg Chairman of the Third Standing Committee on Delegated Legislation in respect of the Regulations; and
(2) The Committee of Selection has discharged Dr Andrew Murrison from the Third Standing Committee on Delegated Legislation (nominated in respect of the Code and Regulations) and nominated in substitution Mr Stephen O'Brien.
4 Strategic Health Authorities (Establishment and Abolition) (England) Order 2006 (S.I., 2006, No. 1408)—The Speaker has appointed John Bercow Chairman of the Fourth Standing Committee on Delegated Legislation in respect of the Order.
European Standing Committee
5 The Speaker has appointed Sir John Butterfill Chairman of the European Standing Committee in respect of European Union Document No. 10014/06 on Voluntary Reduction ("Modulation") of Direct Farm Support Payments.
APPENDIX III
Reports from Select Committees
1 Crossrail,—Minutes of Evidence taken before the Select Committee on the Crossrail Bill to be printed [No. 837-lxii] [Mr Alan Meale].
2 Health,—Minutes of Evidence taken before the Health Committee [NHS Deficits]; to be printed [No. 1204-iii] [Mr Kevin Barron].
3 International Development,—Minutes of Evidence taken before the International Development Committee [The Autumn Meetings of the World Bank and the IMF], together with Memoranda laid before the Committee; to be printed [No. 1622-i] [Malcolm Bruce].
[W.H., No. 129]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting began at half-past Two o'clock.
Adjournment (Twenty-eighth annual House of Commons Commission report),—Resolved, That the sitting be now adjourned.—(Liz Blackman.)
And accordingly the sitting was adjourned till Tuesday 24th October.
[Adjourned at 3.48 p.m.
Sir Alan Haselhurst
Deputy Speaker
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