Amendments proposed to the Legislative and Regulatory Reform Bill, As Amended - continued House of Commons

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Part 1 (excepted matters) (No. 1)

   

Mr Oliver Heald
Mr Jonathan Djanogly
Mr Mark Harper
Mr Roger Gale

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.'.


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
Mr Roger Gale

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 Bill 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
Mr Roger Gale

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.'.



 
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Prepared 15 May 2006