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| Legislative and Regulatory Reform Bill, As Amended
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| | Report on operation of Act |
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| | Negatived on division nc2 |
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| To move the following Clause:— |
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| | ‘Before the end of the six months beginning with the day on which this Act is |
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| | passed and annually thereafter, the Secretary of State must prepare and lay before |
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| | Parliament a report setting out his estimate of the extent to which orders, rules and |
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| | schemes made pursuant to this Act have— |
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| | (a) | removed or reduced any burden, |
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| | (b) | re-enacted any provision having the effect of imposing any burden, in |
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| | cases where the burden was proportionate to the benefit that was |
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| | expected to result from such re-enactment, |
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| | (c) | made any new provision having the effect of imposing a burden that has |
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| | affected any person in the carrying on of the activity, but was |
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| | proportionate to the benefit that was expected to result from its creation, |
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| | (d) | removed inconsistencies and anomalies in legislation.’. |
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| | Part 1 (excepted matters) (No. 1) |
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| To move the following Clause:— |
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| | ‘(1) | A Minister may not by order under Part 1 make provisions— |
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| | (a) | in relation to Part 1 of this Act; |
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| | (b) | in relation to the Human Rights Act 1998; |
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| | (c) | in relation to the reserved matters set out in Schedule 5 of the Scotland |
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| | (d) | which are incompatible with the European Convention on Human |
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| | Part 1 (limitation on burdens and costs) |
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| To move the following Clause:— |
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| | ‘(1) | Save insofar as the Order relates to a person exercising a regulatory function, a |
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| | Minister may not by order under Part 1 make provision which— |
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| | (a) | makes more onerous any duty which may be owed by any person, or any |
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| | obligation under which any person may be; |
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| | (b) | imposes any duty or obligation on any person which is greater than any |
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| | duty or obligation from which it relieves that person; |
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| | (c) | results in increases in cost for any person; or |
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| | (d) | creates any disbenefit for any person which is greater than any benefit to |
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| | Delay in proceedings under section 13 |
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| | Negatived on division nc5 |
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| To move the following Clause:— |
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| | ‘(1) | Where within the period set out in section 13 either House of Parliament resolves |
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| | that the content of an order is inappropriate for provision to be made under section |
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| | [Power to remove or reduce burdens] , there shall be no further proceedings in |
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| | (2) | An order which has the same or similar effect to one that has previously been |
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| | prevented from passing under the provisions of subsection (1) may not be laid |
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| | under Part 1 within the subsequent two-year period. |
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| | (3) | In this section, “two year period” means the period of two years beginning with |
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| | the day on which the draft order was laid before Parliament under section 12.’. |
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| | Reference of order to second reading committee |
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| To move the following Clause:— |
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| | ‘Where within the period referred to in section 13, either House of Parliament |
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| | resolves that the content of an order is inappropriate for provision to be made |
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| | under section 1 and that such order should be treated as a Bill, then the order may |
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| | be deemed to be a Bill and shall be referred to a second reading committee.’. |
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| To move the following Clause:— |
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| | ‘Part 1 of this Act shall cease to have effect at the end of the period of five years |
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| | beginning with the day on which it is brought into force.’. |
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| | Section 12 (limitation on burdens and costs) |
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| To move the following Clause:— |
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| | ‘Each draft Order laid in accordance with section 12 shall contain a certificate |
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| | made by the Minister to the effect that it does not make provision which— |
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| | (a) | makes more onerous any duty which may be owed by any person, or any |
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| | obligation under which any person may be; |
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| | (b) | imposes any duty or obligation on any person which is greater than any |
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| | duty or obligation from which it relieves that person; |
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| | (c) | results in increases in cost for any person; or |
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| | (d) | creates any disbenefit for any person which is greater than any benefit to |
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| | Part 1 (impact on small business) |
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| To move the following Clause:— |
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| | ‘(1) | An order under Part 1 must, where its application extends to small businesses, be |
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| | (a) | removing or reducing any burden, |
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| | (b) | re-enacting provision having the effect of imposing any burden in cases |
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| | where the burden is proportionate to the benefit expected to result, |
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| | (c) | the removal of inconsistencies and anomalies. |
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| | (2) | In this section, the meaning of “small business” is the same as in section 249 of |
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| | (3) | In this Act “burden” includes— |
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| | (a) | a restriction, requirement or condition, (including one requiring the |
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| | payment of fees or preventing the incurring of expenditure) or any |
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| | sanction (where criminal or otherwise) for failure to observe a restriction |
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| | or to comply with a requirement or condition, |
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| | (b) | any limit on the statutory powers of any person (including a limit |
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| | preventing the charging of fees or the incurring of expenditure), and |
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| | (c) | any matter which in the opinion of a Minister of the Crown causes |
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| | inconvenience or imposes cost.’. |
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| | Law Commission recommendations |
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| To move the following Clause:— |
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| | ‘(1) | In section [Power to implement Law Commission recommendations], |
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| | “recommendations of any one or more of the United Kingdom Law |
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| | Commissions” means proposals in the form of a draft B ill or draft Order, which |
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| | (a) | the creation of a new offence that is punishable, or increases the penalty |
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| | for an existing offence so that it is punishable— |
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| | (i) | on indictment, with imprisonment exceeding thirty months; or |
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| | (ii) | on summary conviction, with imprisonment exceeding the |
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| | normal maximum term or a fine exceeding Level 5 on the |
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| | (b) | authorisation of forcible entry, search and seizure, |
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| | (c) | family law and rights of occupation, |
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| | (d) | landlord and tenant law, in so far as it affects the rights of tenants.’. |
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| | Part 1 (excepted matters) (No. 2) |
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| To move the following Clause:— |
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| | ‘Nothing in this Act shall authorise any of the following— |
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| | (a) | the making of an order that amends this Act, |
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| | (b) | the making of an order that amends the Human Rights Act 1998, |
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| | (c) | the making of an order that restricts or interferes with the exercise of any |
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| | right mentioned in the European Convention on Human Rights or in the |
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| To move the following Clause:— |
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| | ‘Nothing in this Act shall authorise the making of an order that amends this Act.’. |
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| | Disapplication of European Communities Act 1972 |
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| To move the following Clause:— |
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| | ‘(1) | Where legislation is made under section 1(3)(b) provision made under |
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| | Community treaties, Community instruments and Community obligations shall |
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| | not be binding in legal proceedings in the United Kingdom. |
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| | (2) | In section 1 and in this section— |
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| | “Community instrument” and “Community obligation” have the same meaning |
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| | as in Part 2 of Schedule 1 to the European Communities Act 1972 (c.68);
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| | “Community treaties” has the same meaning as in section 1(2) of the European |
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| | Veto by specified number of Members of House of Commons |
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| | Negatived on division nc14 |
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| To move the following Clause:— |
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| | ‘No order may be made under Part 1 where both of the following conditions have |
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| | (a) | within the period defined in section 13(7), more than 10 per cent. of the |
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| | members of the House of Commons have signified to the Speaker in |
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| | writing that they object to the use of the Act for purpose of introducing |
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| | the order in question, and |
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| | (b) | the members referred to in subsection (1) above are not all members of |
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| | Sub-delegated legislative functions |
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| | Negatived on division nc15 |
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| To move the following Clause:— |
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| | ‘(1) | Where, by an order under this part, the function of legislating has been conferred |
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| | on a person, any legislation that person makes must be made by statutory |
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| | (2) | The procedures specified in section 10 and section [Veto by specified number of |
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| | Members of House of Commons] shall apply to any legislation made by any |
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| | person on whom the power to legislate has been conferred under this part. |
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| | (3) | Any person on whom the power to legislate has been conferred under this part |
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| | shall be subject to the same duties to consult before exercising that power as those |
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| | to which a minister of the Crown is subject under section 11. |
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| | (4) | Legislation made by a person on whom the function of legislating has been |
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| | conferred under this part— |
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| | (a) | may not delegate further any power to legislate, |
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| | (b) | may only be made for purposes for which orders under this part may |
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| | (c) | is subject to the same restrictions as orders under this part.’. |
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| | Protection of constitutional arrangements |
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| To move the following Clause:— |
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| | ‘(1) | Provision under Part 1 may not alter the constitutional arrangements of the United |
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| | (2) | In subsection (1) above, “constitutional arrangements of the United Kingdom” |
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| | include, but are not limited to— |
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| | (a) | the powers of and succession to the Crown; |
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| | (b) | the powers and composition of either House of Parliament; |
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| | (c) | the basis of election or appointment of Members of either House of |
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| | (d) | the duration of Parliaments; |
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| | (e) | the appointment, powers, duties and obligations of judges or magistrates |
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| | (f) | the devolution settlements in Northern Ireland, Scotland and Wales; |
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| | (g) | the establishment or disestablishment of any church or religion; |
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| | (h) | the arrangements for local government; |
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| | (i) | the fundamental rights and freedoms of those living in the United |
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| | Kingdom, including rights under the European Convention on Human |
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| | Rights, the right to jury trial, the right not to be detained without charge, |
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| | rights concerning nationality or immigration status and the conditions |
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| | under which any person may be extradited from the United Kingdom; |
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| | (j) | the law relating to freedom of information, data protection, the regulation |
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| | of investigatory powers, the powers and organisation of the police and |
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| | the powers and organisation of the security services.’. |
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