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 3 — Legislation relating to the European Communities etc
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(9)
A Minister of the Crown may not make a statutory instrument containing an
order under this section unless a draft has been laid before, and approved by
resolution of, each House of Parliament.
(10)
In this section—
“reserved matter” and “Scotland” have the same meanings as in the
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Scotland Act 1998 (c. 46);
“transferred matter” and “Northern Ireland” have the same meanings as
in the Northern Ireland Act 1998 (c. 47);
“Wales” has the same meaning as in the Government of Wales Act 1998
(c. 38).
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“Regulatory functions”
(1)
In this Part “regulatory function” means—
(a)
a function under any enactment of imposing requirements, restrictions
or conditions in relation to any activity;
(b)
a function which relates to the securing of compliance with, or the
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enforcement of, requirements, restrictions or conditions imposed in
relation to any activity under or by virtue of any enactment.
(2)
In subsection (1)—
(a)
the references to a function include a function exercisable by or on
behalf of the Crown;
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(b)
the references to an activity include—
(i)
providing any goods or services;
(ii)
employing or offering employment to any person.
(3)
The functions referred to in subsection (1)(b) do not include functions of
conducting criminal or civil proceedings.
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Part 3
Legislation relating to the European Communities etc
Interpretation of legislation
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References to Community instruments
(1)
In the Interpretation Act 1978 (c. 30), after section 20 insert—
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“20A
References to Community instruments

Where an Act passed after the commencement of this section refers to
a Community instrument that has been amended, extended or applied
by another such instrument, the reference, unless the contrary intention
appears, is a reference to that instrument as so amended, extended or
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applied.”
(2)
In that Act, in section 22(1) (application to Acts and Measures), after “passed
after the commencement of this Act” insert “(subject, in the case of section 20A,
to the provision made in that section)”.
(3)
In that Act, in section 24 (application to Northern Ireland), after subsection (3)
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Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc
13

insert—
“(3A)
Section 20A applies to Northern Ireland legislation as it applies to
Acts.”
(4)
In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication
and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/
5
1379), in Schedule 1 (statutory interpretation and operation) at the end insert—
“References to Community instruments
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Where an Act of the Scottish Parliament passed after the
commencement of this paragraph refers to a Community instrument
that has been amended, extended or applied by another such
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instrument, the reference, unless the contrary intention appears, is a
reference to that instrument as so amended, extended or applied.”
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EEA agreement and EEA state
(1)
In the Interpretation Act 1978 (c. 30), in Schedule 1 (defined expressions), after
the definition of “Crown Estate Commissioners” insert—
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““EEA agreement” means the agreement on the European Economic
Area signed at Oporto on 2nd May 1992, together with the Protocol
adjusting that Agreement signed at Brussels on 17th March 1993, as
from time to time modified or supplemented by or under the
Community Treaties. [The date of the coming into force of this
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paragraph.]

“EEA state”, in relation to any time, means—
(a)
a state which at that time is a member State; or
(b)
any other state which at that time is a party to the EEA
agreement. [The date of the coming into force of this
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paragraph.]”
(2)
In that Act, in section 24 (application to Northern Ireland), in subsection (4),
after “The Corporation Tax Acts” insert—
“EEA agreement and EEA state;”.
(3)
In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication
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and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/
1379), in Schedule 2 (general definitions), after the definition of “Devolution
issue” insert—

““EEA agreement” means the agreement on the European Economic
Area signed at Oporto on 2nd May 1992, together with the Protocol
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adjusting that Agreement signed at Brussels on 17th March 1993, as
from time to time modified or supplemented by or under the
Community Treaties.

“EEA state”, in relation to any time, means—
(a)
a state which at that time is a member State; or
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(b)
any other state which at that time is a party to the EEA
agreement.”
(4)
The amendment made by subsection (3) does not have effect in relation to—

Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc
14

(a)
an Act of the Scottish Parliament passed before the commencement of
this section; or
(b)
Scottish subordinate legislation (within the meaning of the Order
referred to in subsection (3)) made before the commencement of this
section.
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Implementation of Community obligations etc
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Power to make orders, rules and schemes
(1)
In section 2 of the European Communities Act 1972 (c. 68) (general
implementation of Treaties)—
(a)
in subsection (2), for “by regulations” substitute “by order, rules,
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regulations or scheme”;
(b)
in subsection (4), for “and regulations” substitute “or orders, rules,
regulations or schemes”.
(2)
In Schedule 2 to that Act (provisions as to subordinate legislation)—
(a)
in paragraph 2, in sub-paragraphs (1) and (2), for “regulations”
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substitute “any order, rules, regulations or scheme”;
(b)
in paragraph 3, for “regulations”, wherever occurring, substitute
“order, rules, regulations or scheme”.
(3)
In section 29 of the Government of Wales Act 1998 (c. 38) (implementation of
Community law) in subsections (2) and (3), for “regulations”, wherever
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occurring, substitute “any order, rules, regulations or scheme”.
(4)
In Schedule 8 to the Scotland Act 1998 (c. 46), in paragraph 15(3), for
“regulations” substitute “any order, rules, regulations or scheme”.
(5)
Where any enactment passed, or subordinate legislation made, before the
coming into force of this section refers to regulations under subsection (2) of
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section 2 of the European Communities Act 1972, a Minister of the Crown may
by order or regulations amend the enactment or subordinate legislation so that
it includes a reference to any order, rules or scheme under that subsection.
(6)
The powers of a Minister of the Crown under subsection (5)—
(a)
so far as exercisable in relation to a matter the exercise of functions in
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respect of which is within devolved competence (within the meaning of
the Scotland Act 1998), shall also be exercisable by the Scottish
Ministers;
(b)
so far as exercisable in relation to a transferred matter (within the
meaning of the Northern Ireland Act 1998 (c. 47)), shall also be
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exercisable by a Northern Ireland department;
(c)
so far as exercisable in relation to a matter in respect of which functions
are exercisable by the Assembly, shall also be exercisable by the
Assembly.
(7)
The power under subsection (5) to make an order or regulations —
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(a)
so far as exercisable by a Minister of the Crown, the Scottish Ministers
or the National Assembly for Wales, shall be exercisable by statutory
instrument;
(b)
so far as exercisable by a Northern Ireland department, shall be
exercisable by statutory rule for the purposes of the Statutory Rules
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(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Legislative and Regulatory Reform Bill
Part 4 — Supplementary and general
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(8)
A statutory instrument or statutory rule containing an order or regulations
under subsection (5)—
(a)
if made by a Minister of the Crown, shall be subject to annulment in
pursuance of a resolution of either House of Parliament;
(b)
if made by the Scottish Ministers, shall be subject to annulment in
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pursuance of a resolution of the Scottish Parliament; and
(c)
if made by a Northern Ireland department, shall be subject to negative
resolution, within the meaning of the Interpretation Act (Northern
Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument
within the meaning of that Act.
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(9)
In subsection (5)—
(a)
“enactment” includes Acts of the Scottish Parliament and Northern
Ireland legislation;
(b)
“subordinate legislation” means any Order in Council, order, rules,
regulations, scheme, warrant, byelaws or other instrument made under
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any Act, Act of the Scottish Parliament or Northern Ireland legislation.
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Power to make ambulatory references to Community instruments
In the European Communities Act 1972 (c. 68), in Schedule 2 (provisions as to
subordinate legislation), after paragraph 1 insert—
“1A   (1)
Where—
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(a)
subordinate legislation makes provision for a purpose
mentioned in section 2(2) of this Act,
(b)
the legislation contains a reference to a Community
instrument, and
(c)
it appears to the person making the legislation that it is
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necessary or expedient (whether or not for that purpose) for
the reference to be construed as a reference to the
Community instrument as amended from time to time,

the subordinate legislation may make express provision to that
effect.
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      (2)
In this paragraph “subordinate legislation” means any Order in
Council, order, rules, regulations, scheme, warrant, byelaws or other
instrument made under any Act, Act of the Scottish Parliament or
Northern Ireland legislation.”
Part 4
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Supplementary and general
Supplementary
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Repeals and savings
(1)
The enactments mentioned in the Schedule to this Act are repealed to the
extent specified in the second column of that Schedule.
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(2)
Where a document has been laid before Parliament under section 6(1) of the
2001 Act before the day on which this Act comes into force, the repeal by this

Legislative and Regulatory Reform Bill
Part 4 — Supplementary and general
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Act of sections 1 to 8 of the 2001 Act does not affect the application of those
sections in relation to the making of an implementing order.
(3)
In subsection (2) an “implementing order” in relation to any document laid
before Parliament under section 6(1) of the 2001 Act means an order to give
effect (with or without variations) to proposals in that document.
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(4)
Nothing in this Act affects the continuation in force of any order under section
1 of the 2001 Act which—
(a)
was made before the day on which this Act comes into force; or
(b)
is made on or after that day by virtue of subsection (2).
(5)
Nothing in this Act affects the continuation in force of any order under section
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1 of the Deregulation and Contracting Out Act 1994 (c. 40) which, immediately
before the coming into force of this Act, continues in force by virtue of section
12(4) of the 2001 Act.
(6)
In this section “the 2001 Act” means the Regulatory Reform Act 2001 (c. 6).
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Consequential amendments
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(1)
In section 6 of the Deregulation and Contracting Out Act 1994 (model
provisions with respect to appeals), in subsection (7), for the definition of
“enforcement action” substitute—
““enforcement action” means—
(a)
in relation to any restriction, requirement or condition,
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any action taken with a view to or in connection with
imposing any sanction (whether criminal or otherwise)
for failure to observe or comply with it; and
(b)
in relation to a restriction, requirement or condition
relating to the grant or renewal of licences, includes any
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refusal to grant, renew or vary a licence, the imposition
of any condition on the grant or renewal of a licence and
any variation or revocation of a licence;”.
(2)
In section 100 of the Local Government Act 2003 (c. 26) (exercise of powers by
reference to authorities’ performance categories), in subsection (2)(d), for
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“section 1 of the Regulatory Reform Act 2001 (c. 6)” substitute “section 1 of the
Legislative and Regulatory Reform Act 2006”.
General
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General interpretation
In this Act—
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“the Assembly” means the National Assembly for Wales;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26).
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Commencement
This Act comes into force at the end of the period of two months beginning
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with the day on which it is passed.