Vote Bundle Text (960307-02)

Amendments proposed to the Legislative and Regulatory Reform Bill - continued	House of Commons

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Alison Seabeck

Clause 15, page 8, line 30, leave out '40-day' and insert 'examination'.

Alison Seabeck

Clause 16, page 9, line 6, leave out '60-day' and insert 'examination'.

Alison Seabeck

Clause 16, page 9, line 19, leave out '60-day' and insert 'examination'.

Alison Seabeck

Clause 16, page 9, line 20, at end add '("period D") unless an extension of a further period of days has been required under section 13(7) ("period B"), in which case it means period D extended by period B'.

Alison Seabeck

Clause 16, page 8, line 40, leave out '60-day' and insert 'examination'.

Mr Oliver Heald
Mr Mark Harper

Clause 16, page 8, line 40, at end insert—

'(2A) If during the 60 day period an amendment, or amendments, to an order under section 1 is agreed by—

(a) both Houses of Parliament, or

(b) the relevant committees in both Houses of Parliament,

the Minister shall either—

(a) make the amendment or amendments to the order, or

(b) withdraw the order.'.

David Howarth
Mr David Heath

Clause 18, page 9, line 30, at end insert—"'reforming" means repealing, simplifying or clarifying or making better provision for achieving its purposes;'.

David Howarth
Mr David Heath

Clause 18, page 9, line 35, at end add—

'(2) In section 1, "changes" means only those changes that are reasonably related to developments in the common law since the date of the Law Commission's Recommendation.'.

Mr Jim Murphy

Clause 27, page 15, line 24, after 'instrument' insert 'or any provision of a Community instrument'.

Mr Jim Murphy

Clause 27, page 15, line 26, leave out '(whether or not for that purpose)'.

Mr Jim Murphy

Clause 27, page 15, line 27, leave out 'the Community instrument' and insert 'that instrument or that provision'.

Mr Jim Murphy

Clause 27, page 15, line 33, after 'made' insert 'after the coming into force of this paragraph'.

Mr Jim Murphy

Clause 27, page 15, line 34, at end insert 'passed or made before or after the coming into force of this paragraph'.

NEW CLAUSES

Combination of powers

Mr Jim Murphy

NC17

To move the following Clause:—

'In Schedule 2 to the European Communities Act 1972 (c.68), after paragraph 2 insert—

"2A (1) This paragraph applies where, pursuant to paragraph 2(2) above, a draft of a statutory instrument containing provision made in exercise of the power conferred by section 2(2) of this Act is laid before Parliament for approval by resolution of each House of Parliament and—

(a) the instrument also contains provision made in exercise of a power conferred by any other enactment; and

(b) apart from this paragraph, any of the conditions in sub-paragraph (2) below applies in relation to the instrument so far as containing that provision.

(2) The conditions referred to in sub-paragraph (1)(b) above are that—

(a) the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, is by virtue of any enactment subject to annulment in pursuance of a resolution of either House of Parliament;

(b) in a case not falling within paragraph (a) above, the instrument so far as containing that provision is by virtue of any enactment required to be laid before Parliament after being made but is not required by virtue of any enactment to be approved by resolution of each House of Parliament in order to come into or remain in force;

(c) the instrument so far as containing that provision is not by virtue of any enactment required to be laid before Parliament after being made.

(3) Where this paragraph applies in relation to the draft of a statutory instrument—

(a) the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, may not be made unless the draft is approved by a resolution of each House of Parliament;

(b) in a case where the condition in sub-paragraph (2)(a) above is satisfied, the instrument so far as containing that provision is not subject to annulment in pursuance of a resolution of either House of Parliament; and

(c) in a case where the condition in sub-paragraph (2)(b) above is satisfied, the instrument so far as containing that provision is not required to be laid before Parliament after being made.

(4) In this paragraph, references to an enactment are to an enactment passed or made before or after the coming into force of this paragraph.

2B (1) This paragraph applies where, pursuant to paragraph 2(2) above, a statutory instrument containing provision made in exercise of the power conferred by section 2(2) of this Act is laid before Parliament under section 5 of the Statutory Instruments Act 1946 (instruments subject to annulment) and—

(a) the instrument also contains provision made in exercise of a power conferred by any other enactment; and

(b) apart from this paragraph, either of the conditions in sub-paragraph (2) below applies in relation to the instrument so far as containing that provision.

(2) The conditions referred to in sub-paragraph (1)(b) above are that—

(a) the instrument so far as containing the provision referred to in sub-paragraph (1)(a) above is by virtue of any enactment required to be laid before Parliament after being made but—

(i) is not subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii) is not by virtue of any enactment required to be approved by resolution of each House of Parliament in order to come into or remain in force;

(b) the instrument so far as containing that provision is not by virtue of any enactment required to be laid before Parliament after being made.

(3) Where this paragraph applies in relation to a statutory instrument, the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this paragraph, references to an enactment are to an enactment passed or made before or after the coming into force of this paragraph.

2C Paragraphs 2A and 2B above apply to a Scottish statutory instrument containing provision made in the exercise of the power conferred by section 2(2) of this Act (and a draft of any such instrument) as they apply to any other statutory instrument containing such provision (or, as the case may be, any draft of such an instrument), but subject to the following modifications—

(a) references to Parliament and to each or either House of Parliament are to be read as references to the Scottish Parliament;

(b) references to an enactment include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(c) the reference in paragraph 2B(1) to section 5 of the Statutory Instruments Act 1946 is to be read as a reference to article 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/1096)."'.

Combination with powers under European Communities Act 1972

Mr Jim Murphy

NC18

To move the following Clause:—

'(1) The power to make an order under section 1 may be exercised together with, and by the same instrument as, the power to make an order under section 2(2) of the European Communities Act 1972 (c.68).

(2) Where the powers referred to in subsection (1) are so exercised—

(a) sections 10(2) to 16 above apply to the order under section 2(2) of the European Communities Act 1972 as to the order under section 1; and

(b) paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (c.68) does not apply.'.

Annual report to Parliament about section 1 orders

Mr Oliver Heald
Mr Mark Harper

NC1

To move the following Clause:—

'A Minister of the Crown shall annually lay a report before Parliament detailing, for each government department that made an order under section 1 in that year—

(a) what burdens have been removed,

(b) what burdens have been simplified,

(d) what has been the impact of each order.'.

Reserved areas of competence

Mr Oliver Heald
Mr Mark Harper

NC2

To move the following Clause:—

'(1) Schedule [Reserved areas of competence] shall have effect.

(2) A Minister may not make an order under section 1 containing provisions relating to the reserved areas of competence as set out in Schedule [Reserved areas of competence].

(3) A Minister of the Crown may, subject to a resolution of both Houses of Parliament, amend by order the reserved areas of competence in Schedule [Reserved areas of competence].'.

Veto of proposed order

Mr Oliver Heald
Mr Mark Harper

NC3

To move the following Clause:—

'(1) Where, during the 21 day period set out in section 13, either House of Parliament considers the content of an order to be inappropriate under the powers conferred by section 1, the further passage of the order may be blocked by—

(a) a resolution of either House of Parliament, or

(b) a recommendation from the relevant committee of either House of Parliament that is not rejected by a resolution of that House.

(2) An order which has the same or similar effect to one that has previously been prevented from passing under the provisions of subsection (1) may not be laid under section 1 within the subsequent two-year period.

(3) In this section, the "two-year period" means the period of two years beginning with the day on which the draft order was laid before Parliament under section 12.'.