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| Legislative and Regulatory Reform Bill
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| [seventh and eighth SITTINGS]
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| | Clauses 19 to 26 Agreed to. |
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| Clause 27, page 15, line 24, after ‘instrument’ insert ‘or any provision of a |
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| Clause 27, page 15, line 26, leave out ‘(whether or not for that purpose)’. |
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| Clause 27, page 15, line 27, leave out ‘the Community instrument’ and insert ‘that |
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| instrument or that provision’. |
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| Clause 27, page 15, line 33, after ‘made’ insert ‘after the coming into force of this |
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| Clause 27, page 15, line 34, at end insert ‘passed or made before or after the |
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| coming into force of this paragraph’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 28 to 33 Agreed to. |
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| To move the following Clause:— |
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| | ‘In Schedule 2 to the European Communities Act 1972 (c. 68), after paragraph 2 |
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| | “2A(1) | This paragraph applies where, pursuant to paragraph 2(2) above, a |
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| | draft of a statutory instrument containing provision made in exercise |
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| | of the power conferred by section 2(2) of this Act is laid before |
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| | Parliament for approval by resolution of each House of Parliament |
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| | (a) | the instrument also contains provision made in exercise of a |
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| | power conferred by any other enactment; and |
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| | (b) | apart from this paragraph, any of the conditions in sub- |
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| | paragraph (2) below applies in relation to the instrument so far |
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| | as containing that provision. |
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| | (2) | The conditions referred to in sub-paragraph (1)(b) above are that— |
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| | (a) | the instrument, so far as containing the provision referred to in |
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| | sub-paragraph (1)(a) above, is by virtue of any enactment |
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| | subject to annulment in pursuance of a resolution of either |
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| | (b) | in a case not falling within paragraph (a) above, the instrument |
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| | so far as containing that provision is by virtue of any |
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| | enactment required to be laid before Parliament after being |
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| | made but is not required by virtue of any enactment to be |
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| | approved by resolution of each House of Parliament in order |
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| | to come into or remain in force; |
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| | (c) | the instrument so far as containing that provision is not by |
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| | virtue of any enactment required to be laid before Parliament |
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| | (3) | Where this paragraph applies in relation to the draft of a statutory |
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| | (a) | the instrument, so far as containing the provision referred to in |
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| | sub-paragraph (1)(a) above, may not be made unless the draft |
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| | is approved by a resolution of each House of Parliament; |
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| | (b) | in a case where the condition in sub-paragraph (2)(a) above is |
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| | satisfied, the instrument so far as containing that provision is |
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| | not subject to annulment in pursuance of a resolution of either |
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| | (c) | in a case where the condition in sub-paragraph (2)(b) above is |
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| | satisfied, the instrument so far as containing that provision is |
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| | not required to be laid before Parliament after being made. |
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| | (4) | In this paragraph, references to an enactment are to an enactment |
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| | passed or made before or after the coming into force of this paragraph. |
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| | 2B (1) | This paragraph applies where, pursuant to paragraph 2(2) above, a |
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| | statutory instrument containing provision made in exercise of the |
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| | power conferred by section 2(2) of this Act is laid before Parliament |
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| | under section 5 of the Statutory Instruments Act 1946 (instruments |
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| | subject to annulment) and— |
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| | (a) | the instrument also contains provision made in exercise of a |
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| | power conferred by any other enactment; and |
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| | (b) | apart from this paragraph, either of the conditions in sub- |
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| | paragraph (2) below applies in relation to the instrument so far |
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| | as containing that provision. |
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| | (2) | The conditions referred to in sub-paragraph (1)(b) above are that— |
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| | (a) | the instrument so far as containing the provision referred to in |
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| | sub-paragraph (1)(a) above is by virtue of any enactment |
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| | required to be laid before Parliament after being made but— |
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| | (i) | is not subject to annulment in pursuance of a |
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| | resolution of either House of Parliament; and |
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| | (ii) | is not by virtue of any enactment required to be |
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| | approved by resolution of each House of Parliament |
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| | in order to come into or remain in force; |
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| | (b) | the instrument so far as containing that provision is not by |
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| | virtue of any enactment required to be laid before Parliament |
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| | (3) | Where this paragraph applies in relation to a statutory instrument, the |
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| | instrument, so far as containing the provision referred to in sub- |
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| | paragraph (1)(a) above, is subject to annulment in pursuance of a |
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| | resolution of either House of Parliament. |
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| | (4) | In this paragraph, references to an enactment are to an enactment |
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| | passed or made before or after the coming into force of this paragraph. |
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| | 2C | Paragraphs 2A and 2B above apply to a Scottish statutory instrument |
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| | containing provision made in the exercise of the power conferred by |
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| | section 2(2) of this Act (and a draft of any such instrument) as they |
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| | apply to any other statutory instrument containing such provision (or, |
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| | as the case may be, any draft of such an instrument), but subject to the |
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| | (a) | references to Parliament and to each or either House of |
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| | Parliament are to be read as references to the Scottish |
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| | (b) | references to an enactment include an enactment comprised |
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| | in, or in an instrument made under, an Act of the Scottish |
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| | (c) | the reference in paragraph 2B(1) to section 5 of the Statutory |
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| | Instruments Act 1946 is to be read as a reference to article |
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| | 10(2) of the Scotland Act 1998 (Transitory and Transitional |
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| | Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/ |
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| | Combination with powers under European Communities Act 1972 |
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| To move the following Clause:— |
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| | ‘(1) | The power to make an order under section 1 may be exercised together with, and |
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| | by the same instrument as, the power to make an order under section 2(2) of the |
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| | European Communities Act 1972 (c. 68). |
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| | (2) | Where the powers referred to in subsection (1) are so exercised— |
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| | (a) | sections 10(2) to 16 above apply to the order under section 2(2) of the |
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| | European Communities Act 1972 as to the order under section 1; and |
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| | (b) | paragraph 2(2) of Schedule 2 to the European Communities Act 1972 |
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| | (c. 68) does not apply.’. |
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| | Annual report to Parliament about section 1 orders |
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| To move the following Clause:— |
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| | ‘A Minister of the Crown shall annually lay a report before Parliament detailing, |
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| | for each government department that made an order under section 1 in that year— |
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| | (a) | what burdens have been removed, |
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| | (b) | what burdens have been simplified, |
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| | (c) | what burdens have been imposed, and |
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| | (d) | what has been the impact of each order.’. |
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| | Reserved areas of competence |
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| | Negatived on division NC2 |
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| To move the following Clause:— |
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| | ‘(1) | Schedule [Reserved areas of competence] shall have effect. |
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| | (2) | A Minister may not make an order under section 1 containing provisions relating |
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| | to the reserved areas of competence as set out in Schedule [Reserved areas of |
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| | (3) | A Minister of the Crown may, subject to a resolution of both Houses of |
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| | Parliament, amend by order the reserved areas of competence in Schedule |
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| | [Reserved areas of competence].’. |
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| To move the following Clause:— |
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| | ‘(1) | Where, during the 21 day period set out in section 13, either House of Parliament |
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| | considers the content of an order to be inappropriate under the powers conferred |
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| | by section 1, the further passage of the order may be blocked by— |
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| | (a) | a resolution of either House of Parliament, or |
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| | (b) | a recommendation from the relevant committee of either House of |
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| | Parliament that is not rejected by a resolution of that House. |
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| | (2) | An order which has the same or similar effect to one that has previously been |
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| | prevented from passing under the provisions of subsection (1) may not be laid |
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| | under section 1 within the subsequent two-year period. |
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| | (3) | In this section, the “two-year period” means the period of two years beginning |
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| | with the day on which the draft order was laid before Parliament under section |
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| To move the following Clause:— |
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| | ‘In this Act “burden” includes— |
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| | (a) | a restriction, requirement or condition (including one requiring the |
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| | payment of fees or preventing the incurring of expenditure) or any |
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| | sanction (whether criminal or otherwise) for failure to observe a |
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| | restriction or to comply with a requirement or condition, |
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| | (b) | any limit on the statutory powers of any person (including a limit |
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| | preventing the charging of fees or the incurring of expenditure), and |
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| | (c) | any matter which in the opinion of a Minister of the Crown causes |
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| | inconvenience or imposes cost.’. |
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| To move the following Clause:— |
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| | ‘(1) | An order made under section 1 must, where its application extends to small |
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| | businesses, make specific provision to reduce the regulatory impact on small |
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| | businesses where appropriate. |
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| | (2) | In this section, the meaning of “small business” is the same as in section 249 of |
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| | the Companies Act 1985.’. |
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| | Negatived on division nc6 |
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| To move the following Clause:— |
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| | ‘Part 1 of this Act shall cease to have effect at the end of the period of five years |
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| | beginning with the day on which it is brought into force.’. |
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| | Negatived on division nc7 |
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| To move the following Clause:— |
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| | ‘(1) | Schedule (Excepted Acts) shall have effect. |
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| | (2) | Provision under section 2(1) may not amend this Act or any provision amending |
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| | this Act or the Human Rights Act 1998 or any provision amending that Act, or |
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| | any Act specified in Schedule (Excepted Acts) to this Act or to any provision |
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| | Negatived on division nc8 |
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| To move the following Clause:— |
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| | ‘Provision under section 2(1) may not affect the appointment, terms of |
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| | engagement, dismissal or tenure of any judge.’. |
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| | Principles of natural justice |
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| To move the following Clause:— |
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| | ‘Provision under section 2(1) may not affect, abrogate or modify any of the |
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| | principles of natural justice.’. |
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| | Powers and composition of Parliament and elections |
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| To move the following Clause:— |
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| | ‘Provision under section 2(1) may not affect, abrogate or modify the law relating |
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| | to the powers or composition of Parliament or the law governing elections.’. |
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| | Powers and composition of Parliament |
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| To move the following Clause:— |
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| | ‘Provision under section 2(1) may not affect, abrogate or modify the powers or |
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| | competences of the House of Commons or the House of Lords.’. |
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| To move the following Clause:— |
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| | ‘Provision under section 2(1) may not affect, abrogate or modify the law relating |
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| | to the Church of England.’. |
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