S.C.A.
Amendment Paper as at
Tuesday 28th February 2006
STANDING COMMITTEE A
New Amendments handed in are marked thus *
LEGISLATIVE AND REGULATORY REFORM BILL
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 27th February (Standing Order No. 83C)
That—
(1) during proceedings on the Legislative and Regulatory Reform Bill the Standing Committee shall (in addition to its first meeting on Tuesday 28th February at 10.30 am) meet on—
| (a) | Tuesday 28th February at 4.00 pm; |
| (b) | Thursday 2nd March at 9.00 am and 1.00 pm; |
| (c) | Tuesday 7th March at 10.30 am and 4.00 pm; |
| (d) | Thursday 9th March at 9.00 am and 1.00 pm; |
(2) the proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 4.00 pm on Thursday 9th March.
Jim Murphy has given notice of his intention to move a motion in terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Mr Oliver Heald
Mr Christopher Chope
Mr Mark Harper
20
Clause 1, page 1, line 7, after 'legislation', insert 'for
| (i) | the removal or reduction of any burden, |
| (ii) | the re-enacting of provision having the effect of imposing any burden, in cases where the burden is proportionate to the benefit which is expected to result from the re-enactment, |
| (iii) | the making of new provision having the effect of imposing a burden which— |
| (a) | affects any person in the carrying on of the activity, but |
| (b) | is proportionate to the benefit which is expected to result from its creation, and |
| (iv) | the removal of inconsistencies and anomalies.'. |
David Howarth
Mr David Heath
42
*Clause 1, page 1, line 7, at end insert 'but not so as to alter fundamental features of any enactment or negative its protective purposes or so as to effect or permit any restriction of individual rights.'.
Mr Christopher Chope
David Howarth
Mr David Heath
Mr Mark Harper
29
Clause 1, page 1, line 9, leave out 'with or'.
David Howarth
Mr David Heath
44
*Clause 1, page 1, line 10, after 'Part', insert—
"'burden" means—
| (a) | a restriction, requirement or condition (including one requiring the payment of fees or preventing the incurring of expenditure) or any sanction (whether criminal or otherwise) for failure to observe a restriction or to comply with a requirement or condition, |
| (b) | any limit on the statutory powers of any person (including a limit preventing the charging of fees or the incurring of expenditure), and |
| (c) | any expense or cost (whether monetary or otherwise) arising out of complying with any statutory provision or regulation. |
any reference to "lifting a burden" includes—
| (a) | a reference to removing the authorisation or requirement by virtue of which a burden may be imposed, and |
| (b) | a reference to reducing the authorisation or requirement by virtue of which a burden may be imposed (for example, by restricting the circumstances in which it is authorised or required to be imposed).'. |
David Howarth
Mr David Heath
43
*Clause 1, page 1, line 10, at end insert—
'(2A) But the power mentioned in section 1(1) (a) shall exist only for the purpose of removing or alleviating a burden or burdens, as defined in sections 1(4)(b) and (c), on any person other than a Minister of the Crown.'.
Mr Christopher Chope
Mr Mark Harper
30
Clause 1, page 1, line 12, leave out 'or local Act'.
Mr Christopher Chope
Mr Mark Harper
31
Clause 1, page 1, line 13, leave out paragraph (b).
Mr Christopher Chope
Mr Mark Harper
32
Clause 2, page 2, line 7, leave out 'repealing or replacing'.
Mr Christopher Chope
Mr David Heath
Mr Mark Harper
33
Clause 2, page 2, line 8, leave out subsection (2).
Mr Christopher Chope
Mr Mark Harper
34
Clause 2, page 2, line 21, leave out subsection (4).
Mr Christopher Chope
Mr Mark Harper
35
Clause 2, page 2, line 25, leave out subsection (5).
David Howarth
Mr David Heath
45
*Clause 2, page 2, line 25, at end add—
'(6) But no order under this Act shall confer on any person the power to legislate.'.
David Howarth
Mr David Heath
46
*Clause 2, page 2, line 25, at end add—
'(7) No order may be made under section 2(1) for any purpose substantially different from that for which the legislation was passed.'.
Mr Christopher Chope
Mr David Heath
Mr Mark Harper
36
Clause 3, page 2, line 31, leave out 'he considers that'.
David Howarth
Mr David Heath
48
*Clause 3, page 2, line 31, after 'he', insert 'reasonably'.
David Howarth
Mr David Heath
47
*Clause 3, page 2, line 31, leave out 'considers' and insert 'ascertains'.
Mr Christopher Chope
Mr Mark Harper
37
Clause 3, page 2, line 39, leave out subsection (2) (d).
Mr Christopher Chope
Mr Mark Harper
38
Clause 3, page 2, line 41, leave out from 'freedom' to end of line 42.
Mr Oliver Heald
Mr Christopher Chope
Mr Mark Harper
21
Clause 3, page 2, line 42, at end insert—
| '(f) | the relevant committees of both Houses of Parliament have issued certificates that in their opinion the provision is not controversial.'. |
Mr Christopher Chope
Mr Mark Harper
39
Clause 3, page 2, line 42, at end insert—
| '(f) | the provision will remove or reduce a legislative or administrative burden.'. |
Mr Christopher Chope
Mr Mark Harper
40
Clause 3, page 3, leave out lines 2 and 3.
Mr Christopher Chope
Mr Mark Harper
41
Clause 3, page 3, line 4, leave out subsection (4).
Alison Seabeck
Mr Mark Harper
22
Clause 4, page 3, line 8, leave out from 'on' to 'unless' in line 9 and insert 'any person'.
David Howarth
Mr David Heath
49
*Clause 4, page 3, line 9, leave out from 'otherwise' to end of line 18.
Alison Seabeck
Mr Mark Harper
23
Clause 4, page 3, line 18, at end add—
'(5) Subsection (1) does not apply to—
| (a) | provision conferring a function of regulating a profession on a body elected by members of the profession; |
| (b) | provision conferring a function of regulating a trade on a body elected by members of the trade; or |
| (c) | provision conferring on a local authority, within the meaning of section 1 of the Local Government Act 2000 (c. 22), the function of legislating with respect to its area.'. |
David Howarth
Mr David Heath
50
*Clause 7, page 4, line 21, after 'any', insert 'arrest, detention, confiscation of property, compulsory purchase of property or any interference with any right referred to in the Human Rights Act or'.
David Howarth
Mr David Heath
51
*Clause 7, page 4, leave out lines 28 and 29.
David Howarth
Mr David Heath
52
*Clause 10, page 5, line 12, at end add—
'(3) A Minister may not make an order under section 1 where, within the 21 day period, fifty members of the House of Commons signify to the Speaker in writing that they object to the use of this Act to make the order.'.
David Howarth
Mr David Heath
53
*Clause 10, page 5, line 12, at end add—
'(4) A Minister may not make an order under section 1 where, within the 21 day period, either House of Parliament resolves that it objects to the use of this Act to make the order.'.
David Howarth
Mr David Heath
54
*Clause 10, page 5, line 12, at end add—
'(5) A Minister may not make an order under section 1 where, within the 21 day period, a committee of the House of Commons charged with reporting on the order resolves that it objects to the use of this Act to make the order.'.
Mr Oliver Heald
Mr Mark Harper
14
Clause 13, page 7, line 24, leave out paragraph (a).
Mr Oliver Heald
Mr Mark Harper
17
Clause 13, page 7, line 26, at end insert—
'(1A) Unless the Minister is satisfied that there are reasonable grounds for applying the negative resolution procedure or the affirmative resolution procedure, he must recommend that the super-affirmative procedure shall apply to any draft order laid under section 12.'.
