Legislative and Regulatory Reform Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Legislative and Regulatory Reform Bill

Legislative and Regulatory Reform Bill
Part 1 — Power to reform legislation etc
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A
Bill
To
enable provision to be made for the purpose of reforming legislation and
implementing recommendations of the Law Commission, the Scottish Law
Commission and the Northern Ireland Law Commission; to make provision
about the exercise of regulatory functions; to make provision about the
interpretation of legislation relating to the European Communities and the
European Economic Area; to make provision relating to section 2(2) of the
European Communities Act 1972; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Power to reform legislation etc
Order-making power
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Purpose
(1)
A Minister of the Crown may by order make provision for either or both of the following
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purposes—
(a)
reforming legislation;
(b)
implementing recommendations of any one or more of the United Kingdom
Law Commissions, with or without changes.
(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—
(a)
any public general Act or local Act, or
(b)
any Order in Council, order, rules, regulations, scheme, warrant,
byelaw or other subordinate instrument made under a public general
Act or local Act,
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but does not include any instrument which is, or is made under, Northern
Ireland legislation.

Bill 111 54/1

Legislative and Regulatory Reform Bill
Part 1 — Power to reform legislation etc
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(4)
In this Part “the United Kingdom Law Commissions” means—
(a)
the Law Commission;
(b)
the Scottish Law Commission; and
(c)
the Northern Ireland Law Commission.
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Provision
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(1)
An order under section 1 may for either purpose specified in subsection (1) of
that section make provision amending, repealing or replacing any legislation.
(2)
Provision under subsection (1) may amend, repeal or replace legislation in any
way that an Act might, and in particular may amend, repeal or replace
legislation so as to—
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(a)
confer functions on any person (including functions of legislating or
functions relating to the charging of fees);
(b)
modify the functions conferred on any person by legislation;
(c)
transfer, or provide for the transfer or delegation of, the functions
conferred on any person by legislation.
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This is subject to sections 4 to 7.
(3)
An order under section 1 may for the purpose specified in subsection (1)(b) of
that section also make—
(a)
provision amending or abolishing any rule of law;
(b)
provision codifying rules of law.
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(4)
An order under section 1 may make such consequential, supplementary,
incidental or transitional provision (including provision amending, repealing
or replacing any legislation or other provision) as the Minister making it
considers appropriate.
(5)
An order under section 1 may bind the Crown.
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Preconditions
(1)
A Minister may not make an order under section 1 containing—
(a)
provision under section 2(1), other than provision which merely
restates legislation, or
(b)
provision under section 2(3)(a),
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unless he considers that the conditions in subsection (2), where relevant, are
satisfied in relation to that provision.
(2)
Those conditions are that—
(a)
the policy objective intended to be secured by the provision could not
be satisfactorily secured by non-legislative means;
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(b)
the effect of the provision is proportionate to the policy objective;
(c)
the provision, taken as a whole, strikes a fair balance between the
public interest and the interests of any person adversely affected by it;
(d)
the provision does not remove any necessary protection;
(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
continue to exercise.
(3)
A Minister may not make an order under section 1 containing—
(a)
provision under section 2(1) which merely restates legislation, or

Legislative and Regulatory Reform Bill
Part 1 — Power to reform legislation etc
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(b)
provision under section 2(3)(b),

unless he considers that the condition in subsection (4) is satisfied in relation to
that provision.
(4)
That condition is that the provision made would make the law more accessible
or more easily understood.
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Restrictions
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Subordinate legislation
(1)
Provision under section 2(1) may not confer a function of legislating on a
Minister of the Crown (alone or otherwise) unless the conditions in subsections
(2) and (3) are satisfied.
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(2)
The condition in this subsection is that the function is exercisable by statutory
instrument.
(3)
The condition in this subsection is that such a statutory instrument—
(a)
is subject to annulment in pursuance of a resolution of either House of
Parliament; or
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(b)
is not to be made unless a draft of the statutory instrument has been laid
before and approved by a resolution of each House of Parliament.
(4)
Subsection (1) does not apply to provision which merely restates legislation.
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Taxation
(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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Criminal penalties
(1)
Provision under section 2(1) may not create a new offence that is punishable,
or increase the penalty for an existing offence so that it is punishable—
(a)
on indictment, with imprisonment for a term exceeding two years; or
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(b)
on summary conviction, with—
(i)
imprisonment for a term exceeding the normal maximum term;
or
(ii)
a fine exceeding level 5 on the standard scale.
(2)
In subsection (1)(b)(i), “the normal maximum term” means—
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(a)
in relation to England and Wales—
(i)
in the case of a summary offence, 51 weeks; and
(ii)
in the case of an offence triable either way, twelve months; and
(b)
in relation to Scotland or Northern Ireland, six months.
(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
virtue of—
(a)
Part 5 of the Criminal Justice Act 1988 (c. 33), or
(b)
section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995
(c. 46),
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Legislative and Regulatory Reform Bill
Part 1 — Power to reform legislation etc
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the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard
scale is to be construed as a reference to the statutory maximum.
(4)
If an order under section 1 containing provision under section 2(1) creating an
offence, or altering the penalty for an offence, is made before the date on which
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
date, any reference to a term of imprisonment of 51 weeks is to be read as a
reference to six months.
(5)
If an order under section 1 containing provision under section 2(1) creating an
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
provide that, in relation to an offence triable either way committed before that
date, any reference to a term of imprisonment of twelve months is to be read as
a reference to six months.
(6)
Subsection (1) does not apply to provision—
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(a)
which merely restates legislation;
(b)
to the extent that it implements recommendations of any one or more
of the United Kingdom Law Commissions.
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Forcible entry etc
(1)
Provision under section 2(1) may not—
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(a)
authorise any forcible entry, search or seizure; or
(b)
compel the giving of evidence.
(2)
Subsection (1) does not prevent an order under section 1 from extending any
power for purposes similar to those to which the power applied before the
order was made.
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(3)
Subsection (1) does not apply to provision—
(a)
which merely restates legislation;
(b)
to the extent that it implements recommendations of any one or more
of the United Kingdom Law Commissions.
Devolution
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Scotland
An order under section 1 may not, except by virtue of section 2(4), make
provision which would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament.
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Wales
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An order under section 1 may not make any provision—
(a)
conferring a function on the Assembly,
(b)
modifying or removing a function of the Assembly, or
(c)
restating any provision which confers a function on the Assembly,
except with the agreement of the Assembly.
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