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| Page 5, line 8 [Clause 10], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 5, line 14 [Clause 10], leave out sub-paragraph (i). |
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| Page 5, line 18 [Clause 11], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 5, line 28 [Clause 11], leave out paragraph (d) and insert— |
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| | ‘(d) | in the case of an order made under section (Power to implement Law |
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| | Commission recommendations), consult the Commission or |
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| | Commissions whose recommendation or recommendations he is |
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| | proposing to implement, and’. |
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| Page 5, line 33 [Clause 11], leave out ‘section 1’ and insert ‘section (Power to |
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| implement Law Commission recommendations)’. |
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| Page 6, line 4 [Clause 11], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 6, line 17 [Clause 12], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 6, line 22 [Clause 12], leave out from ‘explain’ to end of line 23 and insert |
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| ‘under which power or powers in this Part the provision contained in the order is made’. |
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| Page 6, line 24 [Clause 12], at end insert— |
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| | ‘(ba) | explain why the Minister considers that the provision cannot be made by |
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| Page 6, line 28 [Clause 12], leave out paragraph (d) and insert— |
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| | ‘(d) | in the case of an order under section (Power to remove or reduce |
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| | burdens), include, so far as appropriate, an assessment of the extent to |
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| | which the provision made by the order would remove or reduce any |
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| | burden or burdens (within the meaning of subsection (2) of that |
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| Page 6, line 40 [Clause 12], leave out subsection (3). |
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| Page 7, line 1 [Clause 12], leave out from ‘of’ to ‘the’ in line 2 and insert ‘an order |
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| under section (Power to implement Law Commission recommendations)’. |
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| Page 7, line 24, leave out Clause 13. |
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| Page 7, line 28 [Clause 13], leave out paragraph (a). |
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| Page 7, line 31 [Clause 13], leave out subsection (2) and insert— |
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| | ‘(2A) | The default procedure for an order made under Part 1 shall be the super- |
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| | affirmative resolution procedure. |
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| | (2B) | The Minister shall give reasons in the explanatory document to justify the use of |
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| | the affirmative resolution procedure if he uses it.’. |
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| Page 7, line 33 [Clause 13], leave out subsection (3). |
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| Page 7, line 34 [Clause 13], leave out ‘21-day’ and insert ‘30-day’. |
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| Page 7, line 43 [Clause 13], leave out ‘21-day’ and insert ‘30-day’. |
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| Page 8, line 3 [Clause 13], leave out subsection (6) and insert— |
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| | ‘(6) | For the purposes of this section the procedure by which a House of Parliament |
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| | shall be taken to have required a different procedure within the 30-day period |
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| | shall be determined by that House.’. |
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| Page 8, line 4 [Clause 13], leave out ‘21-day’ and insert ‘30-day’. |
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| Page 8, line 8 [Clause 13], leave out ‘reporting on the draft order’ and insert |
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| ‘responsibility for this matter’. |
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| Page 8, line 11 [Clause 13], leave out ‘21-day’ and insert ‘30-day’. |
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| Page 8, line 11 [Clause 13], leave out ‘21’ and insert ‘30’. |
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| Page 8, line 12 [Clause 13], at end add— |
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| | ‘(8) | This section is subject to section (Extension of periods).’. |
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| Page 8, line 13, leave out Clause 14. |
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| Page 8, line 17 [Clause 14], leave out subsection (2) and insert— |
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| | ‘(2) | The Minister may make an order in the terms of the draft order subject to the |
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| | following provisions of this section. |
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| | (2A) | The Minister may not make an order in the terms of the draft order if either House |
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| | of Parliament so resolves within the 40-day period. |
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5 | | (2B) | A committee of either House charged with reporting on the draft order may, at |
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| | any time after the expiry of the 30-day period and before the expiry of the 40-day |
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| | period, recommend under this subsection that no further proceedings be taken in |
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| | relation to the draft order. |
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| | (2C) | A recommendation may be made under subsection (2B) only if the committee |
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10 | | |
| | (a) | the provision made by the draft order does not serve the purpose specified |
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| | in section (Power to remove or reduce burdens)(2), (Power to promote |
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| | regulatory principles)(2) or (Power to implement Law Commission |
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| | recommendations)(2) (as the case may be); |
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15 | | (b) | any relevant condition in section 3(2) is not satisfied in relation to any |
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| | provision of the draft order referred to in section 3(1); or |
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| | (c) | the condition in section 3(4) is not satisfied in relation to any provision |
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| | of the draft order referred to in section 3(3). |
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| | (2D) | Where a recommendation is made by a committee of either House under |
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20 | | subsection (2B) in relation to a draft order, the Minister may not make an order |
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| | in the terms of the draft order unless the recommendation is, in the same Session, |
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| | rejected by resolution of that House.’. |
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| | As Amendments to Hilary Armstrong’s proposed Amendment (No. 46):— |
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| Mr Roger Gale Lynne Jones | Mark Fisher |
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| Kate Hoey Jeremy Corbyn | Kelvin Hopkins |
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| | Negatived on division (a) |
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| Line 5, leave out from ‘with’ to end of line 18 and insert ‘responsibility for this |
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| matter may, at any time after the expiry of the 30-day period and before the |
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| expiry of the 40-day period, recommend that no further proceedings be taken in |
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| relation to the draft order.’. |
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| Line 9, leave out from beginning to end of line 18. |
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| Line 9, leave out from beginning to end of line 22. |
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| Line 20, leave out from first ‘order’ to ‘the recommendation’ in line 21 and insert |
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| ‘no order may be made under this Part in the terms of the draft order unless |
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| | (a) | before the order is made— |
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| | (i) | at least two years have passed since the recommendation was |
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| | (ii) | the procedure to be observed under this Part has been observed |
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| Page 8, line 20 [Clause 14], leave out ‘subsection (2)’ and insert ‘this section’. |
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| Page 8, line 22 [Clause 14], leave out ‘subsection (2)’ and insert ‘this section— |
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| | (a) | the “30-day period” has the meaning given by section 13(7); and |
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| Page 8, line 24 [Clause 14], at end insert— |
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| | ‘(5) | For the purpose of calculating the 40-day period in a case where a |
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| | recommendation is made under subsection (2B) by a committee of either House |
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| | but the recommendation is rejected by that House under subsection (2D), no |
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| | account shall be taken of any day between the day on which the recommendation |
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| | was made and the day on which the recommendation was rejected.’. |
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| Page 8, line 24 [Clause 14], at end add— |
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| | ‘(5) | This section is subject to section (Extension of periods).’. |
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| Page 8, line 31 [Clause 15], at end insert— |
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| | ‘(2A) | However, a committee of either House charged with reporting on the draft order |
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| | may, at any time after the expiry of the 30-day period and before the expiry of the |
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| | 40-day period, recommend under this subsection that no further proceedings be |
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| | taken in relation to the draft order. |
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5 | | (2B) | A recommendation under subsection (2A) may be made only if the committee |
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| | (a) | the provision made by the draft order does not serve the purpose specified |
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| | in section (Power to remove or reduce burdens)(2), (Power to promote |
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| | regulatory principles)(2) or (Power to implement Law Commission |
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10 | | recommendations)(2) (as the case may be); |
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| | (b) | any relevant condition in section 3(2) is not satisfied in relation to any |
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| | provision of the draft order referred to in section 3(1); or |
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| | (c) | the condition in section 3(4) is not satisfied in relation to any provision |
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| | of the draft order referred to in section 3(3). |
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15 | | (2C) | Where a recommendation is made by a committee of either House under |
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| | subsection (2A) in relation to a draft order, no proceedings may be taken in |
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| | relation to the draft order in that House under subsection (2) unless the |
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| | recommendation is, in the same Session, rejected by resolution of that House.’. |
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| | As Amendments to Hilary Armstrong’s proposed Amendment (No. 50):— |
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| Line 1, leave out from ‘with’ to end of line 14 and insert ‘responsibility for this |
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| matter may, at any time after the expiry of the 30-day period and before the |
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| expiry of the 40-day period, recommend that no further proceedings be taken in |
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| relation to the draft order.’. |
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| Line 5, leave out from beginning to end of line 14. |
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| Line 5, leave out from beginning to end of line 18. |
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| Line 16, leave out from ‘no’ to ‘the recommendation’ in line 17 and insert ‘order |
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| may be made under this Part in the terms of the draft order unless either— |
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| | (a) | before the order is made— |
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| | (i) | at least two years have passed since the recommendation was |
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| | (ii) | the procedure to be observed under this Part has been observed |
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| | ‘(2D) | Where a draft order has been the subject of a recommendation under subsection |
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| | (2A) and no further proceedings have been taken in the same Session, a Minister |
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| | may not table a like draft Order within a period of two years after the day before |
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| | the draft order was laid before Parliament pursuant to section 12.’. |
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| Page 8, line 34 [Clause 15], leave out ‘subsection (2)’ and insert ‘this section— |
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| | (a) | the “30-day period” has the meaning given by section 13(7); and |
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| Page 8, line 34 [Clause 15], at end insert— |
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| | ‘(5) | For the purpose of calculating the 40-day period in a case where a |
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| | recommendation is made under subsection (2A) by a committee of either House |
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| | but the recommendation is rejected by that House under subsection (2C), no |
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| | account shall be taken of any day between the day on which the recommendation |
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| | was made and the day on which the recommendation was rejected.’. |
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| Page 8, line 34 [Clause 15], at end add— |
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| | ‘(5) | This section is subject to section (Extension of periods).’. |
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| Page 9, line 5 [Clause 16], leave out from ‘statement’ to end of line 6 and insert— |
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| | ‘(a) | stating whether any representations were made under subsection (2)(a); |
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| | (b) | if any representations were so made, giving details of them.’. |
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| Page 9, line 8 [Clause 16], after subsection (4) insert— |
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| | ‘(4A) | However, a committee of either House charged with reporting on the draft order |
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| | may, at any time after the laying of a statement under subsection (3) and before |
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| | the draft order is approved by that House under subsection (4), recommend under |
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| | this subsection that no further proceedings be taken in relation to the draft order. |
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5 | | (4B) | A recommendation under subsection (4A) may be made only if the committee |
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| | |
| | (a) | the provision made by the draft order does not serve the purpose specified |
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| | in section (Power to remove or reduce burdens)(2), (Power to promote |
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|