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S.C.A.
Amendment Paper as at
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| "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, |
| (c) | what burdens have been imposed, and |
| (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.'.
Definition of 'burden'
Mr Oliver Heald
Mr Mark Harper
NC4
To move the following Clause:—'In this Act "burden" includes—
| (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 matter which in the opinion of a Minister of the Crown causes inconvenience or imposes cost.'. |
Small business
Mr Oliver Heald
Mr Mark Harper
NC5
To move the following Clause:—'(1) An order made under section 1 must, where its application extends to small businesses, make specific provision to reduce the regulatory impact on small businesses where appropriate.
(2) In this section, the meaning of "small business" is the same as in section 249 of the Companies Act 1985.'.
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