rs1411605.566-572

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 16th May 2006
566

Legislative and Regulatory Reform Bill, continued

Disapplication of European Communities Act 1972 (No. 2)

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

Negatived on division  nc17

To move the following Clause:—

‘(1)
An order made under Part 1 containing provision relating to Community treaties,

Community instruments or Community obligations shall, notwithstanding the

European Communities Act 1972, be binding in any legal proceedings in the

United Kingdom.

(2)
In section 1 and this section—

“Community instruments” and “Community obligations” 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.’.

Primary restrictions

Andrew Miller

Mr Andrew Dismore

Dr Doug Naysmith

Mr David Kidney

Gordon Banks

Mr Andrew Love

Not called  nc18

To move the following Clause:—

‘(1)
Provision under Part 1 may not amend, repeal or replace any provision of this Part

of this Act.

(2)
Provision under Part 1 may not amend, repeal or replace any provision of the

Human Rights Act 1998.

(3)
No provision under Part 1 shall be treated as primary legislation for the purposes

of the Human Rights Act 1998.’.

Report Stage Proceedings: 16th May 2006
567

Legislative and Regulatory Reform Bill, continued

Determination of parliamentary procedure

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

John Hemming

Not called  nc23

To move the following Clause:—

‘(1)
An order under this Part shall be subject to the super-affirmative procedure unless

within the 30-day period—

(a)
both Houses of Parliament require that it should be subject to either the

affirmative or the negative procedure; or

(b)
either House of Parliament decides that it should not be further proceeded

with.

(2)
For the purposes of this section the procedure by which a House of Parliament

shall be taken within the 30-day period to have required a different procedure or

to have decided that the order should not be further proceeded with shall be

determined by that House.

(3)
In this section the “30-day period” means the period of 30 days beginning with

the day on which the draft order was laid before Parliament under section 12.’.

Renewal by Parliament of Part 1

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc24

To move the following Clause:—

‘(1)
Before the end of each subsequent period of two years following Royal Assent of

the Act Ministers must bring Part 1 before Parliament to be re-approved or

rejected by resolution.

(2)
If, within each two-year period, Ministers do not bring Part 1 before Parliament,

pursuant to subsection (1), it will cease to have effect.

(3)
If Parliament re-approves Part 1 by resolution, pursuant to subsection (1), it will

have effect for the subsequent two-year period.

(4)
If Parliament rejects Part 1 by resolution, pursuant to subsection (1), it will cease

to have effect.’.

Report Stage Proceedings: 16th May 2006
568

Legislative and Regulatory Reform Bill, continued

Report on regulatory principles

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  nc25

To move the following Clause:—

‘Before the end of the two-year period beginning with the day on which this Act

is passed, the Secretary of State shall prepare and lay before Parliament a report

setting out the extent to which the statutory regulators have complied with the

regulatory principles as set out in section 20(2).

Extension of periods

Andrew Miller

Not called  nc27

To move the following Clause:—

‘(1)
No later than the end of any numbered period of days specified in sections 13 to

16 (“Period A”), the committee of either House of Parliament exercising a

function under any of those sections may recommend a single extension of that

period by a specified further number of days (“Period B”), not exceeding 30, in

relation to a draft order (whether or not revised).

(2)
Where such a recommendation is made by that committee, Period A shall be

treated as extended in relation to that draft order by Period B (unless a single

extension of a greater number of days (“Period C”) is so recommended by the

Committee of the other House exercising such a function, in which case Period A

shall be treated as so extended by Period C), and so shall any equal or longer

numbered period of days specified in any of those sections.

(3)
Section 17 applies for the calculation of Period B and Period C as it applies for

the calculation of Period A.’.

Hilary Armstrong

Agreed to  10

Page  1,  line  4,  leave out Clause 1.

Mr David Heath

David Howarth

Not called  3

Page  1  [Clause  1],  leave out lines 8 and 9 and insert—

‘(b)
implementing recommendations of any one or more of the United

Kingdom Law Commissions, either without changes or with such

changes as are necessary to take into account any development in the law

since the time the recommendations were made.’.

Report Stage Proceedings: 16th May 2006
569

Legislative and Regulatory Reform Bill, continued

Mr William Cash

Mr David Heathcoat-Amory

Mr Edward Leigh

Mr Richard Shepherd

Sir Peter Tapsell

Mr Nigel Dodds

Mr Roger Gale

Not called  2

Page  1,  line  11  [Clause  1],  leave out from ‘“legislation”’ to end of line 3 on page 2

and insert—

‘(a)
means a provision of—

(i)
any public general Act or local Act, or

(ii)
any Order in Council, order, rules, regulations, scheme, warrant,

byelaw or other subordinate instrument made under a public

general Act or local Act,

(b)
in relation to and notwithstanding the European Communities Act 1972

(c. 68), includes provision made before the passing of this Act under

Community treaties, Community instruments and Community

obligations,’.

Mr David Heath

David Howarth

Not called  4

Page  2,  line  5  [Clause  1],  at end insert—

‘(3A)
In this Part, “reforming” shall mean repealing, simplifying or clarifying or

making different administrative arrangements for achieving its purposes.’.

Hilary Armstrong

Agreed to  11

Page  2,  line  10,  leave out Clause 2.

Dr Alan Whitehead

Not called  1

Page  2,  line  12  [Clause  2],  at end insert—

‘(1A)
But no order may be made under section 1(1) for the purpose of amending,

repealing or modifying any provision of this Act.’.

Mr David Heath

David Howarth

Not called  5

Page  2,  line  16  [Clause  2],  leave out ‘(functions of legislating or’.

Andrew Miller

Mr Andrew Dismore

Dr Doug Naysmith

Mr David Kidney

Gordon Banks

Mr Andrew Love

Not called  6

Page  2,  line  21  [Clause  2],  at end insert, ‘and to section (Primary restrictions)’.

Report Stage Proceedings: 16th May 2006
570

Legislative and Regulatory Reform Bill, continued

Mr David Heath

David Howarth

Not called  9

Page  2,  line  21  [Clause  2],  at end insert—

‘(2A)
Provision made under subsection (2)(a) may only confer functions relating to the

functions of legislation subject to the provisions of section (sub-delegated

legislative functions).

Hilary Armstrong

Agreed to  12

Page  2,  line  32  [Clause  3],  leave out from ‘make’ to end of line 35 and insert

‘provision under section (Power to remove or reduce burdens)(1), (Power to promote

regulatory principles)(1) or (Power to implement Law Commission

recommendations)(1)’.

Mr David Heath

David Howarth

Not called  74

Page  2,  line  36  [Clause  3],  after ‘he’, insert ‘reasonably’.

Hilary Armstrong

Agreed to  13

Page  3,  line  3  [Clause  3],  at end insert—

‘(2A)
Subsection (1) does not apply in relation to—

(a)
provision under section (Power to remove or reduce burdens)(1), (Power

to promote regulatory principles)(1) or (Power to implement Law

Commission recommendations)(1) which merely restates an enactment;

or

(b)
provision under section (Power to implement Law Commission

recommendations)(1) which codifies a rule of law.’.

Hilary Armstrong

Agreed to  14

Page  3,  line  4  [Clause  3],  leave out from ‘make’ to end of line 6 and insert—

‘(a)
provision under section (Power to remove or reduce burdens)(1), (Power

to promote regulatory principles)(1) or (Power to implement Law

Commission recommendations)(1) which merely restates an enactment,

or

(b)
provision under section (Power to implement Law Commission

recommendations)(1) which codifies a rule of law,’.

Hilary Armstrong

Agreed to  15

Page  3,  line  13  [Clause  4],  leave out from beginning to ‘confer’ and insert ‘An

order under this Part may not make provision to’.

Report Stage Proceedings: 16th May 2006
571

Legislative and Regulatory Reform Bill, continued

Andrew Miller

Mr Andrew Dismore

Dr Doug Naysmith

Mr David Kidney

Not called  7

Page  3,  line  13  [Clause  4],  leave out from ‘on’ to ‘unless’ in line 14 and insert ‘any

person’.

Hilary Armstrong

Agreed to  16

Page  3,  line  23  [Clause  4],  leave out ‘legislation’ and insert ‘an enactment’.

Andrew Miller

Mr Andrew Dismore

Dr Doug Naysmith

Mr David Kidney

Not called  8

Page  3,  line  23  [Clause  4],  at end add—

‘(5)
Subsection (1) does not apply to—

(a)
provision conferring a function of regulating a profession on a body

elected by members of the profession;

(b)
provision conferring a function of regulating a trade on a body elected by

members of the trade;

(c)
provision conferring on a local authority, within the meaning of section

1 of the Local Government Act 2000 (c. 22), the function of legislating

with respect to its area; or

(d)
other provision specified by order made by a Minister of the Crown.

(6)
An order under subsection (5)(d) must be made by statutory instrument.

(7)
A Minister of the Crown may not make a statutory instrument containing an order

under subsection (5)(d) unless a draft has been laid before, and approved by

resolution of, each House of Parliament.’.

Hilary Armstrong

Agreed to  17

Page  3,  line  25  [Clause  5],  leave out from beginning to ‘impose’ and insert ‘An

order under this Part may not make provision to’.

Hilary Armstrong

Agreed to  18

Page  3,  line  26  [Clause  5],  leave out ‘legislation’ and insert ‘an enactment’.

Hilary Armstrong

Agreed to  19

Page  3,  line  28  [Clause  6],  leave out from beginning to ‘create’ and insert ‘An

order under this Part may not make provision to’.

Hilary Armstrong

Agreed to  20

Page  4,  line  9  [Clause  6],  leave out section 2(1) and insert ‘this Part making

provision’.

Report Stage Proceedings: 16th May 2006
572

Legislative and Regulatory Reform Bill, continued

Hilary Armstrong

Agreed to  21

Page  4,  line  15  [Clause  6],  leave out section 2(1) and insert ‘this Part making

provision’.

Hilary Armstrong

Agreed to  22

Page  4,  line  22  [Clause  6],  leave out ‘legislation’ and insert ‘an enactment’.

Hilary Armstrong

Agreed to  23

Page  4,  line  23  [Clause  6],  leave out paragraph (b).

Hilary Armstrong

Agreed to  24

Page  4  [Clause  7],  leave out line 26 and insert ‘An order under this Part may not make

provision to—’.

Hilary Armstrong

Agreed to  25

Page  4,  line  29  [Clause  7],  leave out ‘section 1’ and insert ‘this Part’.

Hilary Armstrong

Agreed to  26

Page  4,  line  33  [Clause  7],  leave out ‘legislation’ and insert ‘an enactment’.

Hilary Armstrong

Agreed to  27

Page  4,  line  34  [Clause  7],  leave out paragraph (b).

Hilary Armstrong

Agreed to  28

Page  4,  line  38  [Clause  8],  leave out from ‘under’ to ‘make’ and insert ‘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),’.

David Heath

Mr David Howarth

Not called  79

Page  4,  line  38  [Clause  8],  leave out ‘section 1 may not, except by virtue of section

2(4),’ and insert ‘this part may not’.

Hilary Armstrong

Agreed to  29

Page  4,  line  42  [Clause  9],  leave out ‘section 1’ and insert ‘this Part’.

Hilary Armstrong

Agreed to  30

Page  5,  line  7  [Clause  10],  leave out ‘section 1’ and insert ‘this Part’.