|
Mr Secretary Hain
45
Page 86, line 18 [Clause 157], at end insert—
'(1A) In sections 94(3), 108(2) and 150(2) "enactment" includes an Act of the Scottish Parliament and an instrument made under such an Act.'.
Mr Secretary Hain
46
Page 152, line 17 [Schedule 10], at end insert ', and
(b) in paragraph (a), after "other than" insert "the National Assembly for Wales Commission,".'.
Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
7
Page 89 [Clause 160], leave out line 23.
Mr Secretary Hain
47
Page 89, line 23 [Clause 160], at end insert 'and Schedule 5'.
Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
13
Page 90, line 28 [Clause 160], at end insert—
'(8) Section 7 comes into force in accordance with section [Commencement of provisions relating to candidates at general elections].'.
Mr Secretary Hain
48
Page 170, line 31 [Schedule 11], leave out 'such power instead' and insert 'instead power to pass Assembly Measures in relation to that matter in the same terms as the relevant Assembly function or in terms differing from those terms to such extent as appears appropriate.'.
Mr Secretary Hain
49
Page 175, line 7 [Schedule 11], after 'made' insert 'before'.
Mr Secretary Hain
50
Page 176, line 17 [Schedule 11], at end insert—
| "Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| Section 96 of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
| Section 101(1) of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| Section 33(3)(a)(ii) of the Higher Education Act 2004 (c. 8) | Power to require institutions' plans to include provision relating to promotion of higher education. |
| Section 12(2) of the Public Audit (Wales) Act 2004 (c. 23). | Power to add to definition of "local government body in Wales". |
| Section 39(1) of that Act, if exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
| Section 46(2) of that Act. | Power to apply sections 47 to 49 to other local government bodies. |
| Section 47(5) of that Act. | Power to shorten period within which body must publish information." |
Mr Secretary Hain
51
Page 177, line 24 [Schedule 11], at end insert—
| "Section 45D of the School Standards and Framework Act 1998 (c. 31) | Power to repeal school funding provisions. |
| Paragraph 5(2) of Schedule 7 to that Act. | Power to prescribe content and form of publication of proposals. |
| Paragraph 12(2)(d) of Schedule 7 to that Act. | Power to prescribe period within which objections to proposals may be made. |
| Paragraph 17(2) of Schedule 7 to that Act. | Power to make transitional exemption order relating to proposal for school to cease to be single sex. |
| Paragraph 13B(1) of Schedule 26 to that Act. | Power to prescribe period within which nursery inspection report must be made." |
Mr Secretary Hain
52
Page 177, line 36 [Schedule 11], at end insert—
| "Section 77(4) of the Learning and Skills Act 2000 (c.21) | Power to prescribe period within which report must be made. |
| Section 83(7) of that Act. | Power to make further provision about obligation to provide information. |
| Section 128(4)(b) and (c) of that Act. | Power about statement of proposed action. |
| Section 109(6)(b) of the Transport Act 2000 (c. 38). | Power to specify date by which deemed local transport plan to be replaced. |
| Section 24(4) and (5) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17). | Power relating to health and well-being strategies. |
| Section 102 of the Education Act 2002 (c. 32). | Power to specify period which is foundation stage. |
| Section 108(2)(a) of that Act. | Power to specify areas of learning in respect of foundation stage. |
| Section 139(1) of that Act. | Power to approve institutions to provide course of higher education etc. |
| Section 192 of that Act. | Power to prescribe content and manner of publication of proposals to secure regional provision. |
| Section 193 of that Act. | Power to make provision about proposals to secure regional provision. |
| Section 197 of that Act. | Power relating to partnership agreements and statements. |
| Section 198 of that Act. | Power relating to transition from primary to secondary school. |
| Section 207(4) of that Act. | Power relating to adjustments between local education authorities." |
Mr Secretary Hain
53
Page 178, line 18 [Schedule 11], at end insert—
| "Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| Section 96 of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
| Section 101(1) of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc." |
Mr Secretary Hain
54
Page 178, line 34 [Schedule 11], at end insert—
| "Section 30(1)(b) of the Higher Education Act 2004 (c. 8). | Power to designate "relevant authority". |
| Section 38(2) of that Act. | Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan. |
| Section 18(2)(c) of the Public Audit (Wales) Act 2004 (c. 23). | Power to specify documents to which right of access applies. |
| Section 21(1) of that Act. | Power to replace scale of audit fees. |
| Section 39(1) of that Act, unless exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
| Section 52(2)(c) of that Act. | Power to specify documents to which right of access applies. |
| Section 29 of the Children Act 2004 (c. 31). | Power relating to information databases. |
| Section 31 of that Act. | Power relating to Local Safeguarding Children Boards. |
| Section 32 of that Act. | Power to prescribe functions and procedures of Boards. |
| Section 34 of that Act. | Power to make provision about functions of children's services authorities relating to Boards." |
Mr Secretary Hain
55
Page 179, line 37 [Schedule 11], leave out 'paragraph 27 has effect.' and insert 'the end of the initial period.'.
NEW CLAUSES
Referendum about commencement of Assembly Measure provisions
Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
NC1
To move the following Clause:—
'(1) Her Majesty may by Order in Council cause a referendum to be held throughout Wales about whether the Assembly Measure provisions should come into force.
(2) If the majority of voters in a referendum held by virtue of subsection (1) vote in favour of the Assembly Measure provisions coming into force, the Assembly Measure provisions are to come into force in accordance with section 92.
(3) But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).
(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.
(5) But subsection (4) is not satisfied unless the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
(6) A draft of a statutory instrument containing an Order in Council under subsection (1) may not be laid before either House of Parliament, or the Assembly, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.
(7) For further provision about referendums held by virture of subsection (1) see Schedule 6.
(8) In this Act, "the Assembly Measure provisions" means sections 92 to 101.'.
Referendum not to be held more than ten years after passing of Act
Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
NC2
To move the following Clause:—
'No Order in Council under section 102(1) may be made after the expiration of the period of ten years after the passing of this Act.'.
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