rs1411505.553-557

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

553

House of Commons

Monday 15th May 2006

Report Stage Proceedings

Legislative and Regulatory Reform Bill, As Amended

[First Day]

NEW CLAUSES

Power to remove or reduce burdens

Hilary Armstrong

Read a second time on division  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.
5
(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
10
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
15
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
20
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
25
legislation.

(7)
Subject to this Part, the provision that may be made under subsection (1)

includes—

Report Stage Proceedings: 15th May 2006
554

Legislative and Regulatory Reform Bill, continued

(a)
provision conferring functions on any person (including functions of

legislating or functions relating to the charging of fees),
30
(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
35
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
40
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 Hilary Armstrong’s proposed New Clause (Power to remove or

reduce burdens) (NC19):—

Mr David Heath

David Howarth

Negatived on division  (a)

Line  2,  after ‘he’, insert ‘reasonably’.

Mr Christopher Chope

Not called  (b)

Line  3,  leave out second ‘or’ and insert ‘and’.

Mr Christopher Chope

Not called  (c)

Line  17,  leave out from ‘means’ to end of line 23 and insert ‘a public general

Act’.

Mr David Heath

David Howarth

Not called  (d)

Line  28,  leave out ‘functions of legislating or’.

Mr David Heath

David Howarth

Not called  (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].’.

Clause Added.

Report Stage Proceedings: 15th May 2006
555

Legislative and Regulatory Reform Bill, continued

Power to promote regulatory principles

Hilary Armstrong

Added  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

Hilary Armstrong

Read a second time on division  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.
5
(3)
In this Part “the United Kingdom Law Commissions” means—

(a)
the Law Commission;

(b)
the Scottish Law Commission; and

Report Stage Proceedings: 15th May 2006
556

Legislative and Regulatory Reform Bill, continued

(c)
the Northern Ireland Law Commission.

(4)
Subject to this Part, the provision that may be made under subsection (1)
10
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),
15
(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
20
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
25
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 Amendments to Hilary Armstrong’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

Negatived on division  (a)

Line  4,  leave out ‘with or without changes’.

Mr David Heath

David Howarth

Not called  (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.’.

Clause Added.

Northern Ireland

Hilary Armstrong

Added  NC22

To move the following Clause:—

Report Stage Proceedings: 15th May 2006
557

Legislative and Regulatory Reform Bill, continued

‘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.’.

Excepted enactments

Hilary Armstrong

Added  NC26

To move the following Clause:—

‘An order under this Part may not make provision amending or repealing any

provision of—

(a)
this Part; or

(b)
the Human Rights Act 1998 (c. 42).’.

Restriction on powers under Part 1

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc1

To move the following Clause:—

‘A Minister may not make any provision by Order under Part 1 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.’.