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559

 
 

House of Commons

 
 

Tuesday 16th May 2006

 

Report Stage Proceedings

 

Legislative and Regulatory Reform Bill, As Amended


 

[second Day]


 

NEW CLAUSES

 

Report on operation of Act

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mr Mark Harper

 

Negatived on division  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

 

Mr Roger Gale

 

Not called  nc3

 

To move the following Clause:—

 

‘(1)    

A Minister may not by order under Part 1 make provisions—


 
 

Report Stage Proceedings: 16th May 2006                  

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Legislative and Regulatory Reform Bill, continued

 
 

(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

 

Not called  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

 

Negatived on division  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.’.

 



 
 

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561

 

Legislative and Regulatory Reform Bill, continued

 
 

Reference of order to second reading committee

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mr Mark Harper

 

Not called  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

 

Not called  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

 

Not called  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.’.

 



 
 

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562

 

Legislative and Regulatory Reform Bill, continued

 
 

Part 1 (impact on small business)

 

Mr Oliver Heald

 

Mr Jonathan Djanogly

 

Mr Mark Harper

 

Mr Roger Gale

 

Not called  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

 

Not called  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,


 
 

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Legislative and Regulatory Reform Bill, continued

 
 

(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

 

Not called  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

 

Not called  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

 

Not selected  NC13

 

To move the following Clause:—


 
 

Report Stage Proceedings: 16th May 2006                  

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Legislative and Regulatory Reform Bill, continued

 
 

‘(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

 

Negatived on division  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

 

Negatived on division  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


 
 

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Legislative and Regulatory Reform Bill, continued

 
 

(c)    

is subject to the same restrictions as orders under this part.’.

 


 

Protection of constitutional arrangements

 

Mr David Heath

 

David Howarth

 

Not called  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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