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| Tuesday 11th October 2005 |
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| Natural Environment and Rural Communities Bill, As Amended
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| | Traffic regulation on byways etc. in National Parks in England and Wales |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘After section 22B of the Road Traffic Regulation Act 1984 insert— |
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| | “22BB | Traffic regulation on byways etc. in National Parks in England and |
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| | (1) | This section applies to a road— |
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| | (a) | which is in a National Park in England or Wales, |
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| | (i) | shown in a definitive map and statement as a byway |
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| | open to all traffic, a restricted byway, a bridleway or a |
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| | (ii) | a carriageway whose surface, or most of whose surface, |
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| | does not consist of concrete, tarmacadam, coated |
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| | roadstone or other prescribed material, and |
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| | (c) | in respect of which no relevant order is in force. |
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| | (2) | The National Park authority may— |
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| | (a) | for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by |
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| | order make in respect of the road any such provision as is |
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| | mentioned in section 2(1), (2) or (3) or 4(1); |
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| | (b) | for the purpose of carrying out an experimental scheme of traffic |
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| | control, by order make in respect of the road any such provision |
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| | as is mentioned in section 2(1), (2) or (3) or 4(1); |
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| | (c) | for a reason given in section 14(1)(a) or (b) or for a purpose |
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| | mentioned in section 14(1)(c) or 22(2), by order make in respect |
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| | (i) | any such provision as is mentioned in section 2(1), (2) or |
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| | (ii) | any provision restricting the speed of vehicles. |
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| | (3) | This Act has effect, subject to subsection (4) and any prescribed |
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| | modifications, in relation to an order by a National Park authority under |
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| | subsection (2)(a), (b) or (c) as it has effect in relation to an order by a |
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| | local traffic authority under section 1, 9 or 14(1). |
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| | (4) | Before making any order under subsection (2), the National Park |
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| | authority must consult any authority which is a highway authority for the |
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| | 22BC | Section 22BB: supplementary |
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| | (1) | Expressions used in section 22BB(1)(b) that are defined for the purposes |
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| | of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of |
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| | that Act have the same meaning as in that Part. |
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| | (2) | In section 22BB(1)(c) “relevant order” means— |
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| | (a) | a traffic regulation order, |
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| | (b) | an experimental traffic order, |
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| | (c) | an order under section 14(1), |
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| | (d) | an order under section 22(4), or |
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| | (e) | an order under section 22B, |
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| | | but does not include an order made under section 22BB(2). |
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| | (3) | In section 22BB “prescribed” means prescribed by regulations made— |
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| | (a) | in relation to England, by the Secretary of State; |
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| | (b) | in relation to Wales, by the National Assembly for Wales. |
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| | (4) | Any functions exercisable by the National Assembly for Wales by virtue |
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| | of this section are to be treated for the purposes of section 44 of the |
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| | Government of Wales Act 1998 (parliamentary procedures for |
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| | subordinate legislation) as if made exercisable by the Assembly by an |
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| | Order in Council under section 22 of that Act.”’. |
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| | Agreement between Secretary of State and designated body |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may enter into an agreement with a designated body |
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| | authorising that body to perform a DEFRA function— |
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| | (a) | either in relation to the whole of England or in relation to specified areas |
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| | (b) | subject to paragraph (a), either generally or in specified cases. |
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| | | “Specified” means specified in the agreement. |
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| | (2) | An agreement under this section— |
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| | (a) | may be cancelled by the Secretary of State at any time, and |
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| | (b) | does not prevent the Secretary of State from performing a function to |
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| | which the agreement relates. |
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| | (3) | This section is subject to sections (Reserved functions) and (Maximum duration |
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| | of agreement) (reserved functions and maximum duration of agreement).’. |
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| | Agreement between designated bodies |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | A designated body (“A”) may, with the approval of the Secretary of State, enter |
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| | into an agreement with another designated body (“B”) authorising B to perform |
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| | a function of A that is related to or connected with a DEFRA function— |
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| | (a) | either in relation to the whole of England or in relation to specified areas |
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| | (b) | subject to paragraph (a), either generally or in specified cases. |
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| | | “Specified” means specified in the agreement. |
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| | (2) | The Secretary of State’s approval may be given— |
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| | (a) | in relation to a particular agreement or in relation to a description of |
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| | (b) | unconditionally or subject to conditions specified in the approval. |
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| | (3) | Subject to subsection (5), the Secretary of State— |
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| | (a) | must review an agreement under this section no later than the end of the |
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| | period of 5 years beginning with the date on which the agreement was |
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| | entered into or was last reviewed by the Secretary of State, and |
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| | (b) | if it appears appropriate to do so in the light of the review, may cancel the |
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| | (4) | Subject to subsection (5), an agreement under this section may not be varied |
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| | (a) | by agreement between A and B, and |
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| | (b) | with the approval of the Secretary of State. |
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| | (5) | An approval given under subsection (1) may provide that subsection (3) or (4) |
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| | does not apply (or that both of them do not apply). |
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| | (6) | This section is subject to sections (Reserved functions) and (Maximum duration |
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| | of agreement) (reserved functions and maximum duration of agreement).’. |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | In this Chapter “designated body” means a body listed in Schedule 7. |
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| | (2) | The Secretary of State may by order amend Schedule 7 so as to— |
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| | (a) | add a body to the list, or |
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| | (b) | remove a body from it. |
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| | (3) | But the Secretary of State may not exercise the power conferred by subsection |
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| | (2)(a) unless satisfied that at least one of the purposes or functions of the body to |
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| | be added to the list is related to or connected with a DEFRA function. |
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| | (4) | A body to be added to the list need not be a public body. |
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| | (5) | The power to make an order under subsection (2) is exercisable by statutory |
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| | (6) | A statutory instrument containing an order under subsection (2) is subject to |
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| | annulment in pursuance of a resolution of either House of Parliament.’. |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | An agreement may not authorise a designated body to perform a reserved |
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| | (2) | The reserved functions are— |
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| | (a) | any function whose performance by the designated body would be |
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| | incompatible with the purposes for which the body was established; |
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| | (b) | any power of a Minister of the Crown to make or terminate appointments |
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| | or lay reports or accounts; |
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| | (c) | any power to make subordinate legislation or give guidance or directions |
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| | (or to vary or revoke any of those things); |
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| | (d) | any power to fix fees or charges other than a power prescribed for the |
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| | purposes of this section by an order made by the Secretary of State; |
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| | (e) | any function of an accounting officer in his capacity as such; |
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| | (f) | except in relation to an agreement authorising a public body to perform |
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| | (i) | any power to enter, inspect, take samples or seize anything, and |
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| | (ii) | any other power exercisable in connection with suspected |
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| | (g) | any function of the Secretary of State under the Water Industry Act 1991 |
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| | or under any subordinate legislation made under that Act. |
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| | (3) | The power to make an order under subsection (2)(d) is exercisable by statutory |
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| | (4) | A statutory instrument containing an order under subsection (2)(d) is subject to |
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| | annulment in pursuance of a resolution of either House of Parliament.’. |
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| | Maximum duration of agreements |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘The maximum period for which an agreement may authorise a designated body |
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| | (b) | a function that is related to or connected with a DEFRA function, |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | Nothing in this Chapter prevents a designated body from being authorised to |
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| | perform a function conferred on that body by or under this Act or an Act passed |
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| | after the passing of this Act. |
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| | (2) | The Secretary of State or a designated body (“A”) may, under an agreement, |
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| | authorise a designated body (“B”) to perform a function even though under the |
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| | relevant enactments or subordinate legislation— |
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| | (a) | the function is conferred on A by reference to specified circumstances or |
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| | cases and the same type of function is conferred on B in different |
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| | specified circumstances or cases, |
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| | (b) | the function is exercisable by A and B jointly, |
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| | (c) | B is required to be, or may be, consulted about the function (whether |
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| | generally or in specified circumstances), or |
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| | (d) | B is required to consent to the exercise of the function (whether generally |
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| | or in specified circumstances). |
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| | (3) | An agreement may provide— |
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| | (a) | for the performance of a function to be subject to the fulfilment of |
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| | (b) | for payments to be made in respect of the performance of the function. |
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| | (4) | A designated body which is authorised under an agreement to perform a |
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| | (a) | is to be treated as having power to do so; |
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| | (b) | may, unless (or except to the extent that) the agreement provides for this |
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| | (i) | authorise a committee, sub-committee, member, officer or |
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| | employee of the body to perform the function on its behalf; |
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| | (ii) | form a body corporate and authorise that body to perform the |
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| | (5) | However, where the designated body is a local authority— |
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| | (a) | subsection (4)(a) is subject to section (Agreements with local |
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| | (b) | that section applies in place of subsection (4)(b). |
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| | (6) | Subject to subsection (4)(b) and section (Agreements with local authorities), a |
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| | designated body which is authorised under an agreement to perform a function |
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| | may not authorise any other body or other person to perform that function.’. |
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| | Agreements with local authorities |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where a local authority is authorised under an agreement to |
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| | (2) | Subject to subsection (5), the function that the local authority is authorised to |
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| | perform is to be treated as a function of the local authority for the purposes of— |
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| | (a) | any power of a local authority to arrange for the discharge of the function |
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| | by any person mentioned in subsection (3), and |
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| | (b) | any power of a person mentioned in subsection (3) to arrange for the |
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| | discharge of a function by any other person mentioned there. |
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| | (3) | The persons are any committee, sub-committee, member, officer or employee of |
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| | (4) | “Committee” does not include a joint committee of two or more local authorities. |
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| | (5) | If the local authority is operating executive arrangements— |
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| | (a) | the function is to be treated as a function of the local authority for the |
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| | purposes of section 13 of the Local Government Act 2000, and |
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| | (b) | if (or to the extent that) the function is the responsibility of the executive |
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| | (i) | subsection (2) does not apply, and |
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| | (ii) | sections 14 to 16 of the 2000 Act, and any regulations made |
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| | under sections 17 and 18 of the 2000 Act, apply. |
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| | (6) | “Executive arrangements” and “executive” have the same meaning as in Part 2 of |
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| | (7) | An agreement may provide that the provisions of subsection (2) or those |
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| | mentioned in (5)(b)(ii) do not apply (or do not apply to a specified extent).’. |
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| | Supplementary provisions with respect to agreements |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | An agreement, and any approval given by the Secretary of State under section |
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| | (Agreements between designated bodies), must be in writing. |
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| | (2) | The Secretary of State must arrange for a copy of an agreement to be published |
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| | in a way that the Secretary of State thinks is suitable for bringing it to the attention |
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| | of persons likely to be affected by it. |
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| | (3) | No power of a Minister of the Crown under any enactment to give directions to a |
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| | statutory body extends to giving a direction— |
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| | (a) | requiring it to enter into an agreement; |
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| | (b) | prohibiting it from entering into an agreement; |
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| | (c) | requiring it to include, or prohibiting it from including, particular terms; |
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| | (d) | requiring it to negotiate, or prohibiting it from negotiating, a variation or |
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| | termination of an agreement. |
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| | (4) | Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) |
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| | (restrictions on disclosure of information) applies in relation to an authorisation |
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| | by a designated body under this Chapter as it applies in relation to an |
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| | authorisation under section 69 of that Act by an office-holder.’. |
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| Secretary Margaret Beckett |
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| To move the following Clause:— |
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| | ‘(1) | In sections (Reserved functions) to (Supplementary provisions with respect to |
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| | agreements) “agreement” means an agreement under section (Agreement |
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| | between Secretary of State and designated body) or (Agreement between |
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| | (2) | In this Chapter “DEFRA function” means a function which at the material time |
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| | falls to be performed by or through the Department for Environment, Food and |
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| | (3) | A certificate issued by the Secretary of State that a function falls to be performed |
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| | as mentioned in subsection (2) is conclusive evidence of that fact. |
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| | “designated body” has the meaning given by section (Designated bodies); |
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| | “local authority” means a local authority as defined in section 1(a) of the |
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| | Local Government Act 2000 and the Greater London Authority; |
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| | “Minister of the Crown” has the same meaning as in the Ministers of the |
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| | “subordinate legislation” has the same meaning as in the Interpretation Act |
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