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Index of Amendments

NOTICES OF AMENDMENTS

given up to and including

Tuesday 9th May 2006

New Amendments handed in are marked thus *

CONSIDERATION OF BILL

LEGISLATIVE AND REGULATORY REFORM BILL, AS AMENDED

NEW CLAUSES
Power to remove or reduce burdens

Mr Jim Murphy

NC19
To move the following Clause:—
    '(1)   A Minister of the Crown may by order under this section make any provision which he considers would serve the purpose in subsection (2).
    (2)   That purpose is removing or reducing any burden, or the overall burdens, resulting directly or indirectly for any person from any legislation.
    (3)   In this section "burden" means any of the following—

(a) a financial cost;

(b) an administrative inconvenience;

(c) an obstacle to efficiency, productivity or profitability; or

(d) a sanction, criminal or otherwise, for doing or not doing anything in the course of any activity.

    (4)   Provision may not be made under subsection (1) in relation to any burden which affects only a Minister of the Crown or government department, unless it affects the Minister or department in the exercise of a regulatory function.
    (5)   For the purposes of subsection (2), a financial cost or administrative inconvenience may result from the form of any legislation (for example, where the legislation is hard to understand).
    (6)   In this section "legislation" means any of the following or a provision of any of the following—

(a) a public general Act or local Act (whether passed before or after the commencement of this section), or

(b) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument made at any time under an Act referred to in paragraph (a),

but does not include any instrument which is, or is made under, Northern Ireland legislation.
    (7)   Subject to this Part, the provision that may be made under subsection (1) includes—

(a) provision conferring functions on any person (including functions of legislating or functions relating to the charging of fees),

(b) provision modifying the functions conferred on any person by any enactment,

(c) provision transferring, or providing for the transfer or delegation of, the functions conferred on any person by any enactment,

(d) provision abolishing a body or office established by or under an enactment,

and provision made by amending or repealing any enactment.
    (8)   An order under this section may contain such consequential, supplementary, incidental or transitional provision (including provision made by amending or repealing any enactment or other provision) as the Minister making it considers appropriate.
    (9)   An order under this section may bind the Crown.
    (10)   An order under this section must be made in accordance with this Part.'.
As Amendments to Jim Murphy's proposed New Clause (Power to remove or reduce burdens) (NC19):—

Mr David Heath
David Howarth

(a)
*Line     2,     after 'he', insert 'reasonably'.

Mr Christopher Chope

(b)
*Line     3,     leave out 'or' and insert 'and'.

Mr Christopher Chope

(c)
*Line     17,     leave out from 'means' to end of line 23 and insert 'a public general Act'.

Mr David Heath
David Howarth

(d)
*Line     28,     leave out 'functions of legislating or'.

Mr David Heath
David Howarth

(e)
*Line     36,     at end insert—
    '(7A)   Provision made under subsection (7)(a) may only confer functions relating to the function of legislating to the extent permitted by section [Sub-delegated legislative functions].'.

Power to promote regulatory principles

Mr Jim Murphy

NC20
To move the following Clause:—
    '(1)   A Minister of the Crown may by order under this section make any provision which he considers would serve the purpose in subsection (2).
    (2)   That purpose is securing that regulatory functions are exercised so as to comply with the principles in subsection (3).
    (3)   Those principles are that—

(a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent;

(b) regulatory activities should be targeted only at cases in which action is needed.

    (4)   Subject to this Part, the provision that may be made under subsection (1) for the purpose in subsection (2) includes—

(a) provision modifying the way in which a regulatory function is exercised by any person,

(b) provision amending the constitution of a body exercising regulatory functions which is established by or under under an enactment,

(c) provision transferring, or providing for the transfer or delegation of, the regulatory functions conferred on any person,

(d) provision creating a new body to which, or a new office to the holder of which, functions are transferred under paragraph (c),

(e) provision abolishing a body or office established by or under an enactment,

and provision made by amending or repealing any enactment.
    (5)   An order under this section may contain such consequential, supplementary, incidental or transitional provision (including provision made by amending or repealing any enactment or other provision) as the Minister making it considers appropriate.
    (6)   An order under this section may bind the Crown.
    (7)   An order under this section must be made in accordance with this Part.'.

Power to implement Law Commission recommendations

Mr Jim Murphy

NC21
To move the following Clause:—
    '(1)   A Minister of the Crown may by order under this section make any provision which he considers would serve the purpose in subsection (2).
    (2)   That purpose is the implementation of recommendations of any one or more of the United Kingdom Law Commissions, with or without changes.
    (3)   In this Part "the United Kingdom Law Commissions" means—

(a) the Law Commission;

(b) the Scottish Law Commission; and

(c) the Northern Ireland Law Commission.

    (4)   Subject to this Part, the provision that may be made under subsection (1) includes—

(a) provision amending or abolishing any rule of law,

(b) provision codifying rules of law,

(c) provision conferring functions on any person (including functions of legislating or functions relating to the charging of fees),

(d) provision modifying the functions conferred on any person by any enactment,

(e) provision transferring, or providing for the transfer or delegation of, the functions conferred on any person by any enactment,

(f) provision abolishing a body or office established by or under an enactment,

and provision made by amending or repealing any enactment.
    (5)   An order under this section may contain such consequential, supplementary, incidental or transitional provision (including provision made by amending or repealing any enactment or other provision) as the Minister making it considers appropriate.
    (6)   An order under this section may bind the Crown.
    (7)   An order under this section must be made in accordance with this Part.'.
As an Amendment to Jim Murphy's proposed New Clause (Power to implement Law Commission recommendations) (NC21):—

Mr Greg Knight
Rosemary McKenna
Sir Robert Smith
Mr Eric Illsley
Mr Christopher Chope
Ms Katy Clark

John Hemming

(a)
*Line     4,     leave out 'with or without changes'.

Mr David Heath
David Howarth

(b)
*Line     4,     leave out 'with or without changes' and insert 'either without changes or with such changes as are necessary to take into acount any development in the law since the time the recommendations were made.'.

Northern Ireland

Mr Jim Murphy

NC22
To move the following Clause:—

'An order under this Part may not, except by virtue of section (Power to remove or reduce burdens)(8), (Power to promote regulatory principles)(5) or (Power to implement Law Commission recommendations)(5), make provision to amend or repeal any Northern Ireland legislation.'.

Restriction on powers under Part 1

Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper

NC1
To move the following Clause:—

'A Minister may not make any provision by Order under Part 1(1)(a) unless that provision would have the effect of—

(a) simplifying or modernising legislation,

(b) making the overall effect of legislation less onerous, or

(c) removing inconsistencies or anomalies in legislation.'.

Report on operation of Act

Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper

NC2
To move the following Clause:—

'Before the end of the six months beginning with the day on which this Act is passed and annually thereafter, the Secretary of State must prepare and lay before Parliament a report setting out his estimate of the extent to which orders, rules and schemes made pursuant to this Act have—

(a) removed or reduced any burden,

(b) re-enacted any provision having the effect of imposing any burden, in cases where the burden was proportionate to the benefit that was expected to result from such re-enactment,

(c) made any new provision having the effect of imposing a burden that has affected any person in the carrying on of the activity, but was proportionate to the benefit that was expected to result from its creation, or

(d) removed inconsistencies and anomalies in legislation.'.

Part 1 (excepted matters) (No. 1)

Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper

NC3
To move the following Clause:—
    '(1)   A Minister may not by order under Part 1 make provisions—

(a) in relation to Part 1 of this Act;

(b) in relation to the Human Rights Act 1998;

(c) in relation to the reserved matters set out in Schedule 5 of the Scotland Act 1998; or

(d) which are incompatible with the European Convention on Human Rights.'.

©Parliamentary copyright 2006
Prepared 9 May 2006