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enable provision to be made for the purpose of reforming legislation and |
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implementing recommendations of the Law Commission, the Scottish Law |
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Commission and the Northern Ireland Law Commission; to make provision |
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about the exercise of regulatory functions; to make provision about the |
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interpretation of legislation relating to the European Communities and the |
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European Economic Area; to make provision relating to section 2(2) of the |
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European Communities Act 1972; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Power to reform legislation etc |
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(1) | A Minister of the Crown may by order make provision for either or both of the following |
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(a) | reforming legislation; |
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(b) | implementing recommendations of any one or more of the United Kingdom |
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Law Commissions, with or without changes. |
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(2) | An order under this section must be made in accordance with this Part. |
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(3) | In this Part “legislation” means a provision of— |
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(a) | any public general Act or local Act, or |
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(b) | any Order in Council, order, rules, regulations, scheme, warrant, |
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byelaw or other subordinate instrument made under a public general |
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| but does not include any instrument which is, or is made under, Northern |
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(4) | In this Part “the United Kingdom Law Commissions” means— |
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(b) | the Scottish Law Commission; and |
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(c) | the Northern Ireland Law Commission. |
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(1) | An order under section 1 may for either purpose specified in subsection (1) of |
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that section make provision amending, repealing or replacing any legislation. |
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(2) | Provision under subsection (1) may amend, repeal or replace legislation in any |
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way that an Act might, and in particular may amend, repeal or replace |
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(a) | confer functions on any person (including functions of legislating or |
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functions relating to the charging of fees); |
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(b) | modify the functions conferred on any person by legislation; |
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(c) | transfer, or provide for the transfer or delegation of, the functions |
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conferred on any person by legislation. |
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| This is subject to sections 4 to 7. |
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(3) | An order under section 1 may for the purpose specified in subsection (1)(b) of |
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(a) | provision amending or abolishing any rule of law; |
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(b) | provision codifying rules of law. |
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(4) | An order under section 1 may make such consequential, supplementary, |
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incidental or transitional provision (including provision amending, repealing |
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or replacing any legislation or other provision) as the Minister making it |
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(5) | An order under section 1 may bind the Crown. |
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(1) | A Minister may not make an order under section 1 containing— |
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(a) | provision under section 2(1), other than provision which merely |
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(b) | provision under section 2(3)(a), |
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| unless he considers that the conditions in subsection (2), where relevant, are |
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satisfied in relation to that provision. |
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(2) | Those conditions are that— |
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(a) | the policy objective intended to be secured by the provision could not |
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be satisfactorily secured by non-legislative means; |
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(b) | the effect of the provision is proportionate to the policy objective; |
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(c) | the provision, taken as a whole, strikes a fair balance between the |
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public interest and the interests of any person adversely affected by it; |
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(d) | the provision does not remove any necessary protection; |
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(e) | the provision does not prevent any person from continuing to exercise |
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any right or freedom which that person might reasonably expect to |
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(3) | A Minister may not make an order under section 1 containing— |
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(a) | provision under section 2(1) which merely restates legislation, or |
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(b) | provision under section 2(3)(b), |
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| unless he considers that the condition in subsection (4) is satisfied in relation to |
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(4) | That condition is that the provision made would make the law more accessible |
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or more easily understood. |
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4 | Subordinate legislation |
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(1) | Provision under section 2(1) may not confer a function of legislating on a |
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Minister of the Crown (alone or otherwise) unless the conditions in subsections |
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(2) and (3) are satisfied. |
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(2) | The condition in this subsection is that the function is exercisable by statutory |
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(3) | The condition in this subsection is that such a statutory instrument— |
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(a) | is subject to annulment in pursuance of a resolution of either House of |
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(b) | is not to be made unless a draft of the statutory instrument has been laid |
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before and approved by a resolution of each House of Parliament. |
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(4) | Subsection (1) does not apply to provision which merely restates legislation. |
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(1) | Provision under section 2(1) may not impose or increase taxation. |
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(2) | Subsection (1) does not apply to provision which merely restates legislation. |
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(1) | Provision under section 2(1) may not create a new offence that is punishable, |
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or increase the penalty for an existing offence so that it is punishable— |
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(a) | on indictment, with imprisonment for a term exceeding two years; or |
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(b) | on summary conviction, with— |
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(i) | imprisonment for a term exceeding the normal maximum term; |
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(ii) | a fine exceeding level 5 on the standard scale. |
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(2) | In subsection (1)(b)(i), “the normal maximum term” means— |
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(a) | in relation to England and Wales— |
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(i) | in the case of a summary offence, 51 weeks; and |
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(ii) | in the case of an offence triable either way, twelve months; and |
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(b) | in relation to Scotland or Northern Ireland, six months. |
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(3) | In the case of an offence which, if committed by an adult, is triable either on |
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indictment or summarily and is not an offence triable on indictment only by |
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(a) | Part 5 of the Criminal Justice Act 1988 (c. 33), or |
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(b) | section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995 |
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| the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard |
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scale is to be construed as a reference to the statutory maximum. |
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(4) | If an order under section 1 containing provision under section 2(1) creating an |
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offence, or altering the penalty for an offence, is made before the date on which |
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section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, the order |
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must provide that, in relation to a summary offence committed before that |
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date, any reference to a term of imprisonment of 51 weeks is to be read as a |
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(5) | If an order under section 1 containing provision under section 2(1) creating an |
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offence, or altering the penalty for an offence, is made before the date on which |
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section 154(1) of the Criminal Justice Act 2003 comes into force, the order must |
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provide that, in relation to an offence triable either way committed before that |
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date, any reference to a term of imprisonment of twelve months is to be read as |
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a reference to six months. |
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(6) | Subsection (1) does not apply to provision— |
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(a) | which merely restates legislation; |
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(b) | to the extent that it implements recommendations of any one or more |
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of the United Kingdom Law Commissions. |
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(1) | Provision under section 2(1) may not— |
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(a) | authorise any forcible entry, search or seizure; or |
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(b) | compel the giving of evidence. |
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(2) | Subsection (1) does not prevent an order under section 1 from extending any |
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power for purposes similar to those to which the power applied before the |
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(3) | Subsection (1) does not apply to provision— |
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(a) | which merely restates legislation; |
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(b) | to the extent that it implements recommendations of any one or more |
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of the United Kingdom Law Commissions. |
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An order under section 1 may not, except by virtue of section 2(4), make |
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provision which would be within the legislative competence of the Scottish |
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Parliament if it were contained in an Act of that Parliament. |
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An order under section 1 may not make any provision— |
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(a) | conferring a function on the Assembly, |
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(b) | modifying or removing a function of the Assembly, or |
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(c) | restating any provision which confers a function on the Assembly, |
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except with the agreement of the Assembly. |
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