sc1110903.177-183

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
177

House of Commons

Thursday 9th March 2006

Standing Committee Proceedings

Standing Committee A

Legislative and Regulatory Reform Bill

[seventh and eighth SITTINGS]

Clauses 19 to 26 Agreed to.

Mr Jim Murphy

Agreed to  56

Clause  27,  page  15,  line  24,  after ‘instrument’ insert ‘or any provision of a

Community instrument’.

Mr Jim Murphy

Agreed to  57

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

Mr Jim Murphy

Agreed to  58

Clause  27,  page  15,  line  27,  leave out ‘the Community instrument’ and insert ‘that

instrument or that provision’.

Mr Jim Murphy

Agreed to  59

Clause  27,  page  15,  line  33,  after ‘made’ insert ‘after the coming into force of this

paragraph’.

Mr Jim Murphy

Agreed to  60

Clause  27,  page  15,  line  34,  at end insert ‘passed or made before or after the

coming into force of this paragraph’.

Clause, as amended, Agreed to.

Clauses 28 to 33 Agreed to.

S.C.A.  Standing Committee Proceedings: 9th March 2006
178

Legislative and Regulatory Reform Bill, continued

Schedule Agreed to.

New Clauses

Combination of powers

Mr Jim Murphy

Added  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.

S.C.A.  Standing Committee Proceedings: 9th March 2006
179

Legislative and Regulatory Reform Bill, continued

      (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).”’.

S.C.A.  Standing Committee Proceedings: 9th March 2006
180

Legislative and Regulatory Reform Bill, continued

Combination with powers under European Communities Act 1972

Mr Jim Murphy

Added  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

Not called  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

Negatived on division  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].’.

S.C.A.  Standing Committee Proceedings: 9th March 2006
181

Legislative and Regulatory Reform Bill, continued

Veto of proposed order

Mr Oliver Heald

Mr Mark Harper

Not called  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

Not called  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

Not called  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.

S.C.A.  Standing Committee Proceedings: 9th March 2006
182

Legislative and Regulatory Reform Bill, continued

(2)
In this section, the meaning of “small business” is the same as in section 249 of

the Companies Act 1985.’.

Expiry

Mr Oliver Heald

Mr Mark Harper

Negatived on division  nc6

To move the following Clause:—

‘Part 1 of this Act shall cease to have effect at the end of the period of five years

beginning with the day on which it is brought into force.’.

Excepted Acts

David Howarth

Mr David Heath

Negatived on division  nc7

To move the following Clause:—

‘(1)
Schedule (Excepted Acts) shall have effect.

(2)
Provision under section 2(1) may not amend this Act or any provision amending

this Act or the Human Rights Act 1998 or any provision amending that Act, or

any Act specified in Schedule (Excepted Acts) to this Act or to any provision

amending those Acts.’.

Judicial tenure

David Howarth

Mr David Heath

Negatived on division  nc8

To move the following Clause:—

‘Provision under section 2(1) may not affect the appointment, terms of

engagement, dismissal or tenure of any judge.’.

S.C.A.  Standing Committee Proceedings: 9th March 2006
183

Legislative and Regulatory Reform Bill, continued

Principles of natural justice

David Howarth

Mr David Heath

Not called  nc9

To move the following Clause:—

‘Provision under section 2(1) may not affect, abrogate or modify any of the

principles of natural justice.’.

Powers and composition of Parliament and elections

David Howarth

Mr David Heath

Not called  nc10

To move the following Clause:—

‘Provision under section 2(1) may not affect, abrogate or modify the law relating

to the powers or composition of Parliament or the law governing elections.’.

Powers and composition of Parliament

David Howarth

Mr David Heath

Not called  nc11

To move the following Clause:—

‘Provision under section 2(1) may not affect, abrogate or modify the powers or

competences of the House of Commons or the House of Lords.’.

Church of England

David Howarth

Mr David Heath

Not called  nc12

To move the following Clause:—

‘Provision under section 2(1) may not affect, abrogate or modify the law relating

to the Church of England.’.