sc1110703.169-175

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
169

House of Commons

Tuesday 7th March 2006

Standing Committee Proceedings

Standing Committee A

Legislative and Regulatory Reform Bill

[FIFTH AND SIXTH SITTINGS]

Alison Seabeck

Mr Mark Harper

Withdrawn  22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

Not called  49

Clause  4,  page  3,  line  9,  leave out from ‘otherwise’ to end of line 18.

Mr Oliver Heald

Mr Mark Harper

Not called  62

Clause  4,  page  3,  line  14,  leave out paragraph (a).

Alison Seabeck

Mr Mark Harper

Not called  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.’.

Clause Agreed to.

Clause 5 Agreed to.

S.C.A.  Standing Committee Proceedings: 7th March 2006
170

Legislative and Regulatory Reform Bill, continued

Mr Christopher Chope

Mr Mark Harper

Negatived on division  71

Clause  6,  page  3,  line  23,  leave out from ‘offence’ to end of line 29 and insert ‘or

increase the penalty for an existing offence.’.

Mr Oliver Heald

Mr Mark Harper

Not called  63

Clause  6,  page  3,  line  25,  leave out paragraph (a).

Mr Christopher Chope

Mr Mark Harper

Not called  72

Clause  6,  page  3,  line  30,  leave out subsection (2).

Mr Christopher Chope

Mr Mark Harper

Not called  73

Clause  6,  page  3,  line  35,  leave out subsection (3).

Mr Christopher Chope

Mr Mark Harper

Not called  74

Clause  6,  page  4,  line  3,  leave out subsection (4).

Mr Christopher Chope

Mr Mark Harper

Not called  75

Clause  6,  page  4,  line  9,  leave out subsection (5).

Mr Oliver Heald

Mr Mark Harper

Not called  64

Clause  6,  page  4,  line  15,  leave out subsection (6).

Mr Christopher Chope

Mr Mark Harper

Not called  76

Clause  6,  page  4,  leave out lines 17 and 18.

Clause Agreed to.

David Howarth

Mr David Heath

Negatived on division  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’.

S.C.A.  Standing Committee Proceedings: 7th March 2006
171

Legislative and Regulatory Reform Bill, continued

Mr Oliver Heald

Mr Mark Harper

Not called  65

Clause  7,  page  4,  line  23,  leave out subsection (2).

Mr Oliver Heald

Mr Mark Harper

Not called  66

Clause  7,  page  4,  line  26,  leave out subsection (3).

David Howarth

Mr David Heath

Not called  51

Clause  7,  page  4,  leave out lines 28 and 29.

Clause Agreed to.

Mr Oliver Heald

Mr Mark Harper

Withdrawn  67

Clause  8,  page  4,  line  32,  after ‘(4)’, insert ‘and pursuant to a resolution of the

Scottish Parliament’.

Clause Agreed to.

Mr Oliver Heald

Mr Mark Harper

Not called  68

Clause  9,  page  4,  leave out line 40.

Clause Agreed to.

David Howarth

Mr David Heath

Withdrawn  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

Not called  53

Clause  10,  page  5,  line  12,  at end add—

S.C.A.  Standing Committee Proceedings: 7th March 2006
172

Legislative and Regulatory Reform Bill, continued

‘(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

Not called  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.’.

Clause Agreed to.

Clauses 11 and 12 Agreed to.

Mr Oliver Heald

Mr Mark Harper

Withdrawn  14

Clause  13,  page  7,  line  24,  leave out paragraph (a).

Mr Oliver Heald

Mr Mark Harper

Not called  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.’.

Mr Oliver Heald

Mr Mark Harper

Withdrawn  2

Clause  13,  page  7,  line  30,  leave out ‘21’ and insert ‘30’.

Alison Seabeck

Not called  77

Clause  13,  page  7,  line  30,  leave out ‘21-day’ and insert ‘preliminary’.

Mr Oliver Heald

Mr Mark Harper

Not called  8

Clause  13,  page  7,  line  30,  leave out ‘21’ and insert ‘60’.

Mr Oliver Heald

Mr Mark Harper

Not called  3

Clause  13,  page  7,  line  39,  leave out ‘21’ and insert ‘30’.

S.C.A.  Standing Committee Proceedings: 7th March 2006
173

Legislative and Regulatory Reform Bill, continued

Mr Oliver Heald

Mr Mark Harper

Not called  9

Clause  13,  page  7,  line  39,  leave out ‘21’ and insert ‘60’.

Alison Seabeck

Not called  24

Clause  13,  page  7,  line  39,  leave out ‘21-day’ and insert ‘preliminary’.

Mr Oliver Heald

Mr Mark Harper

Not called  4

Clause  13,  page  7,  line  46,  leave out ‘21’ and insert ‘30’.

Mr Oliver Heald

Mr Mark Harper

Not called  10

Clause  13,  page  7,  line  46,  leave out ‘21’ and insert ‘60’.

Alison Seabeck

Not called  25

Clause  13,  page  7,  line  46,  leave out ‘21-day’ and insert ‘preliminary’.

Mr Oliver Heald

Mr Mark Harper

Not called  5

Clause  13,  page  8,  line  7,  leave out first ‘21’ and insert ‘30’.

Mr Oliver Heald

Mr Mark Harper

Not called  11

Clause  13,  page  8,  line  7,  leave out first ‘21’ and insert ‘60’.

Alison Seabeck

Not called  26

Clause  13,  page  8,  line  7,  leave out ‘21-day’ and insert ‘preliminary’.

Mr Oliver Heald

Alison Seabeck

Mr Mark Harper

Not called  6

Clause  13,  page  8,  line  7,  leave out second ‘21’ and insert ‘30’.

Mr Oliver Heald

Mr Mark Harper

Not called  12

Clause  13,  page  8,  line  7,  leave out second ‘21’ and insert ‘60’.

Mr Oliver Heald

Mr Mark Harper

Not called  7

Clause  13,  page  8,  line  8,  at end insert—

S.C.A.  Standing Committee Proceedings: 7th March 2006
174

Legislative and Regulatory Reform Bill, continued

‘(8)
The “30 day period” in this section may be increased by not more than 30 days

subject to—

(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.’.

Alison Seabeck

Not called  78

Clause  13,  page  8,  line  8,  at end add ‘(“period A”) unless, before the expiry of

period A, either House of Parliament requires (by the same method as is available for

requiring a procedure under this section) that period A shall be extended by a further

period of days (not exceeding 30) specified in the requirement (“period B”), in which case

it means period A extended by period B’.

Mr Oliver Heald

Mr Mark Harper

Not called  16

Clause  13,  page  8,  line  8,  at end insert—

‘(8)
The “60 day period” in this section may be increased by not more than 60 days

subject to—

(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.’.

Clause Agreed to.

Alison Seabeck

Not called  79

Clause  14,  page  8,  line  20,  at end add ‘(“period C”) unless an extension of a further

period of days has been required under section 13(7) (“period B”), in which case it means

period C extended by period B’.

Clause Agreed to on division.

Mr Oliver Heald

Mr Mark Harper

Not selected  13

Page  8,  line  9,  leave out Clause 14.

Mr Oliver Heald

Mr Mark Harper

Not called  15

Clause  15,  page  8,  line  25,  leave out ‘40’ and insert ‘60’.

S.C.A.  Standing Committee Proceedings: 7th March 2006
175

Legislative and Regulatory Reform Bill, continued

Alison Seabeck

Not called  80

Clause  15,  page  8,  line  25,  leave out ‘40-day’ and insert ‘examination’.

Mr Oliver Heald

Mr Mark Harper

Not called  19

Clause  15,  page  8,  line  30,  leave out subsection 4 and insert—

‘(4)
In this section, “the 60 day period” means the period of 60 days beginning with

the day on which the draft order was laid before Parliament under section 12.’.

Alison Seabeck

Not called  81

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

Clause Agreed to.

Alison Seabeck

Not called  83

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

Alison Seabeck

Not called  84

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

Alison Seabeck

Not called  85

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

Not called  82

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

Mr Oliver Heald

Mr Mark Harper

Negatived on division  1

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.’.

Clause Agreed to.