|
Part 1 (limitation on burdens and costs)
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC4
To move the following Clause:—
'(1) Save insofar as the Order relates to a person exercising a regulatory function, a Minister may not by order under Part 1 make provision which—
| (a) | makes more onerous any duty which may be owed by any person, or any obligation under which any person may be; |
| (b) | imposes any duty or obligation on any person which is greater than any duty or obligation from which it relieves that person; |
| (c) | results in increases in cost for any person; or |
| (d) | creates any disbenefit for any person which is greater than any benefit to that person.'. |
Delay in proceedings under section 13
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC5
To move the following Clause:—
'(1) Where within the period set out in section 13 either House of Parliament resolves that the content of an order is inappropriate for provision to be made under section [Power to remove or reduce burdens] , there shall be no further proceedings in respect thereof.
(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 Part 1 within the subsequent two-year period.
(3) In this section, "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.'.
Reference of order to second reading committee
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC6
To move the following Clause:—
'Where within the period referred to in section 13, either House of Parliament resolves that the content of an order is inappropriate for provision to be made under section 1 and that such order should be treated as a Bill, then the order may be deemed to be a Bill and shall be referred to a second reading committee.'.
Expiry
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC7
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.'.
Section 12 (limitation on burdens and costs)
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC8
To move the following Clause:—
'Each draft Order laid in accordance with section 12 shall contain a certificate made by the Minister to the effect that it does not make provision which—
| (a) | makes more onerous any duty which may be owed by any person, or any obligation under which any person may be; |
| (b) | imposes any duty or obligation on any person which is greater than any duty or obligation from which it relieves that person; |
| (c) | results in increases in cost for any person; or |
| (d) | creates any disbenefit for any person which is greater than any benefit to that person.'. |
Part 1 (impact on small business)
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC9
To move the following Clause:—
'(1) An order under Part 1 must, where its application extends to small businesses, be for the purpose of—
| (a) | removing or reducing any burden, |
| (b) | re-enacting provision having the effect of imposing any burden in cases where the burden is proportionate to the benefit expected to result, |
| (c) | the removal of inconsistencies and anomalies. |
(2) In this section, the meaning of "small business" is the same as in section 249 of the Companies Act 1985.
(3) 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 (where 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.'. |
Law Commission recommendations
Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
NC10
To move the following Clause:—
'(1) In section [Power to implement Law Commission recommendations], "recommendations of any one or more of the United Kingdom Law Commissions" means proposals in the form of a draft B ill or draft Order, which do not relate to—
| (a) | the creation of a new offence that is punishable, or increases the penalty for an existing offence so that it is punishable— |
| (i) | on indictment, with imprisonment exceeding thirty months; or |
| (ii) | on summary conviction, with imprisonment exceeding the normal maximum term or a fine exceeding Level 5 on the Standard scale. |
| (b) | authorisation of forcible entry, search and seizure, |
| (c) | family law and rights of occupation, |
| (d) | landlord and tenant law, in so far as it affects the rights of tenants.'. |
Part 1 (excepted matters) (No. 2)
Mr David Heath
David Howarth
NC11
To move the following Clause:—
'Nothing in this Act shall authorise any of the following—
| (a) | the making of an order that amends this Act, |
| (b) | the making of an order that amends the Human Rights Act 1998, |
| (c) | the making of an order that restricts or interferes with the exercise of any right mentioned in the European Convention on Human Rights or in the Human Rights Act 1998.'. |
Extent (No. 2)
Dr Alan Whitehead
NC12
To move the following Clause:—
'Nothing in this Act shall authorise the making of an order that amends this Act.'.
Disapplication of European Communities Act 1972
Mr William Cash
Mr David Heathcoat-Amory
Mr Edward Leigh
Mr Richard Shepherd
Sir Peter Tapsell
Mr Nigel Dodds
| Mark Pritchard | Mr Michael Fallon | Mr Philip Dunne |
| Mr David Burrowes | Mr Charles Walker | Mr Lee Scott |
| Mr Stewart Jackson | Peter Viggers | Mr James Gray |
| Mr Nick Hurd | Mr Philip Hollobone | Mr Mark Lancaster |
| Mr David Gauke | Anne Main | Mr Graham Stuart |
Miss Ann Widdecombe
|
NC13
To move the following Clause:—
'(1) Where legislation is made under section 1(3)(b) provision made under Community treaties, Community instruments and Community obligations shall not be binding in legal proceedings in the United Kingdom.
(2) In section 1 and in this section—
"Community instrument" and "Community obligation" have the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972 (c.68);"Community treaties" has the same meaning as in section 1(2) of the European Communities Act 1972.'.
Veto by specified number of Members of House of Commons
Mr David Heath
David Howarth
NC14
To move the following Clause:—
'No order may be made under Part 1 where both of the following conditions have been fulfilled—
| (a) | within the period defined in section 13(7), more than 10 per cent. of the members of the House of Commons have signified to the Speaker in writing that they object to the use of the Act for purpose of introducing the order in question, and |
| (b) | the members referred to in subsection (1) above are not all members of the same party.'. |
Sub-delegated legislative functions
Mr David Heath
David Howarth
NC15
To move the following Clause:—
'(1) Where, by an order under this part, the function of legislating has been conferred on a person, any legislation that person makes must be made by statutory instrument.
(2) The procedures specified in section 10 and section [Veto by specified number of Members of House of Commons] shall apply to any legislation made by any person on whom the power to legislate has been conferred under this part.
(3) Any person on whom the power to legislate has been conferred under this part shall be subject to the same duties to consult before exercising that power as those to which a minister of the Crown is subject under section 11.
(4) Legislation made by a person on whom the function of legislating has been conferred under this part—
| (a) | may not delegate further any power to legislate, |
| (b) | may only be made for purposes for which orders under this part may themselves be made, and |
| (c) | is subject to the same restrictions as orders under this part.'. |
Protection of constitutional arrangements
Mr David Heath
David Howarth
NC16
To move the following Clause:—
'(1) Provision under Part 1 may not alter the constitutional arrangements of the United Kingdom.
(2) In subsection (1) above, "constitutional arrangements of the United Kingdom" include, but are not limited to—
| (a) | the powers of and succession to the Crown; |
| (b) | the powers and composition of either House of Parliament; |
| (c) | the basis of election or appointment of Members of either House of Parliament; |
| (d) | the duration of Parliaments; |
| (e) | the appointment, powers, duties and obligations of judges or magistrates of any court; |
| (f) | the devolution settlements in Northern Ireland, Scotland and Wales; |
| (g) | the establishment or disestablishment of any church or religion; |
| (h) | the arrangements for local government; |
| (i) | the fundamental rights and freedoms of those living in the United Kingdom, including rights under the European Convention on Human Rights, the right to jury trial, the right not to be detained without charge, rights concerning nationality or immigration status and the conditions under which any person may be extradited from the United Kingdom; |
| (j) | the law relating to freedom of information, data protection, the regulation of investigatory powers, the powers and organisation of the police and the powers and organisation of the security services.'. |
|
