rs1411605.573-579

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 16th May 2006
573

Legislative and Regulatory Reform Bill, continued

Hilary Armstrong

Agreed to  31

Page  5,  line  8  [Clause  10],  leave out ‘section 1’ and insert ‘this Part’.

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  69

Page  5,  line  14  [Clause  10],  leave out sub-paragraph (i).

Hilary Armstrong

Agreed to  32

Page  5,  line  18  [Clause  11],  leave out ‘section 1’ and insert ‘this Part’.

Hilary Armstrong

Agreed to  33

Page  5,  line  28  [Clause  11],  leave out paragraph (d) and insert—

‘(d)
in the case of an order made under section (Power to implement Law

Commission recommendations), consult the Commission or

Commissions whose recommendation or recommendations he is

proposing to implement, and’.

Hilary Armstrong

Agreed to  34

Page  5,  line  33  [Clause  11],  leave out ‘section 1’ and insert ‘section (Power to

implement Law Commission recommendations)’.

Hilary Armstrong

Agreed to  35

Page  6,  line  4  [Clause  11],  leave out ‘section 1’ and insert ‘this Part’.

Hilary Armstrong

Agreed to  36

Page  6,  line  17  [Clause  12],  leave out ‘section 1’ and insert ‘this Part’.

Hilary Armstrong

Agreed to  37

Page  6,  line  22  [Clause  12],  leave out from ‘explain’ to end of line 23 and insert

‘under which power or powers in this Part the provision contained in the order is made’.

Mr David Heath

David Howarth

Not called  75

Page  6,  line  24  [Clause  12],  at end insert—

‘(ba)
explain why the Minister considers that the provision cannot be made by

primary legislation;’.

Hilary Armstrong

Agreed to  38

Page  6,  line  28  [Clause  12],  leave out paragraph (d) and insert—

Report Stage Proceedings: 16th May 2006
574

Legislative and Regulatory Reform Bill, continued

‘(d)
in the case of an order under section (Power to remove or reduce

burdens), include, so far as appropriate, an assessment of the extent to

which the provision made by the order would remove or reduce any

burden or burdens (within the meaning of subsection (2) of that

section);’.

Hilary Armstrong

Agreed to  39

Page  6,  line  40  [Clause  12],  leave out subsection (3).

Hilary Armstrong

Agreed to  40

Page  7,  line  1  [Clause  12],  leave out from ‘of’ to ‘the’ in line 2 and insert ‘an order

under section (Power to implement Law Commission recommendations)’.

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

John Hemming

Not called  67

Page  7,  line  24,  leave out Clause 13.

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  70

Page  7,  line  28  [Clause  13],  leave out paragraph (a).

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Mr Roger Gale

Not called  73

Page  7,  line  31  [Clause  13],  leave out subsection (2) and insert—

‘(2A)
The default procedure for an order made under Part 1 shall be the super-

affirmative resolution procedure.

(2B)
The Minister shall give reasons in the explanatory document to justify the use of

the affirmative resolution procedure if he uses it.’.

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  71

Page  7,  line  33  [Clause  13],  leave out subsection (3).

Report Stage Proceedings: 16th May 2006
575

Legislative and Regulatory Reform Bill, continued

Hilary Armstrong

Agreed to  41

Page  7,  line  34  [Clause  13],  leave out ‘21-day’ and insert ‘30-day’.

Hilary Armstrong

Agreed to  42

Page  7,  line  43  [Clause  13],  leave out ‘21-day’ and insert ‘30-day’.

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

Mr Roger Gale

Not called  68

Page  8,  line  3  [Clause  13],  leave out subsection (6) and insert—

‘(6)
For the purposes of this section the procedure by which a House of Parliament

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

shall be determined by that House.’.

Hilary Armstrong

Agreed to  43

Page  8,  line  4  [Clause  13],  leave out ‘21-day’ and insert ‘30-day’.

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

Not called  66

Page  8,  line  8  [Clause  13],  leave out ‘reporting on the draft order’ and insert

‘responsibility for this matter’.

Hilary Armstrong

Agreed to  44

Page  8,  line  11  [Clause  13],  leave out ‘21-day’ and insert ‘30-day’.

Hilary Armstrong

Agreed to  45

Page  8,  line  11  [Clause  13],  leave out ‘21’ and insert ‘30’.

Andrew Miller

Not called  100

Page  8,  line  12  [Clause  13],  at end add—

‘(8)
This section is subject to section (Extension of periods).’.

Report Stage Proceedings: 16th May 2006
576

Legislative and Regulatory Reform Bill, continued

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  72

Page  8,  line  13,  leave out Clause 14.

Hilary Armstrong

Agreed to  46

Page  8,  line  17  [Clause  14],  leave out subsection (2) and insert—

‘(2)
The Minister may make an order in the terms of the draft order subject to the

following provisions of this section.

(2A)
The Minister may not make an order in the terms of the draft order if either House

of Parliament so resolves within the 40-day period.
5
(2B)
A committee of either House charged with reporting on the draft order may, at

any time after the expiry of the 30-day period and before the expiry of the 40-day

period, recommend under this subsection that no further proceedings be taken in

relation to the draft order.

(2C)
A recommendation may be made under subsection (2B) only if the committee
10
considers that—

(a)
the provision made by the draft order does not serve the purpose specified

in section (Power to remove or reduce burdens)(2), (Power to promote

regulatory principles)(2) or (Power to implement Law Commission

recommendations)(2) (as the case may be);
15
(b)
any relevant condition in section 3(2) is not satisfied in relation to any

provision of the draft order referred to in section 3(1); or

(c)
the condition in section 3(4) is not satisfied in relation to any provision

of the draft order referred to in section 3(3).

(2D)
Where a recommendation is made by a committee of either House under
20
subsection (2B) in relation to a draft order, the Minister may not make an order

in the terms of the draft order unless the recommendation is, in the same Session,

rejected by resolution of that House.’.

As Amendments to Hilary Armstrong’s proposed Amendment (No. 46):—

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

Mr Roger Gale                    Lynne Jones
Mark Fisher

Kate Hoey                          Jeremy Corbyn
Kelvin Hopkins

Negatived on division  (a)

Line  5,  leave out from ‘with’ to end of line 18 and insert ‘responsibility for this

matter may, at any time after the expiry of the 30-day period and before the

expiry of the 40-day period, recommend that no further proceedings be taken in

relation to the draft order.’.

Dr Tony Wright

Not called  (b)

Line  9,  leave out from beginning to end of line 18.

Report Stage Proceedings: 16th May 2006
577

Legislative and Regulatory Reform Bill, continued

Mr David Heath

David Howarth

Not called  (c)

Line  9,  leave out from beginning to end of line 22.

Andrew Miller

Alison Seabeck

Not called  (d)

Line  20,  leave out from first ‘order’ to ‘the recommendation’ in line 21 and insert

‘no order may be made under this Part in the terms of the draft order unless

either—

(a)
before the order is made—

(i)
at least two years have passed since the recommendation was

made, and

(ii)
the procedure to be observed under this Part has been observed

anew, or

(b)
’.

Hilary Armstrong

Agreed to  47

Page  8,  line  20  [Clause  14],  leave out ‘subsection (2)’ and insert ‘this section’.

Hilary Armstrong

Agreed to  48

Page  8,  line  22  [Clause  14],  leave out ‘subsection (2)’ and insert ‘this section—

(a)
the “30-day period” has the meaning given by section 13(7); and

(b)
’.

Hilary Armstrong

Agreed to  49

Page  8,  line  24  [Clause  14],  at end insert—

‘(5)
For the purpose of calculating the 40-day period in a case where a

recommendation is made under subsection (2B) by a committee of either House

but the recommendation is rejected by that House under subsection (2D), no

account shall be taken of any day between the day on which the recommendation

was made and the day on which the recommendation was rejected.’.

Andrew Miller

Not called  101

Page  8,  line  24  [Clause  14],  at end add—

‘(5)
This section is subject to section (Extension of periods).’.

Hilary Armstrong

Agreed to  50

Page  8,  line  31  [Clause  15],  at end insert—

‘(2A)
However, a committee of either House charged with reporting on the draft order

may, at any time after the expiry of the 30-day period and before the expiry of the

40-day period, recommend under this subsection that no further proceedings be

taken in relation to the draft order.
5
(2B)
A recommendation under subsection (2A) may be made only if the committee

considers that—

Report Stage Proceedings: 16th May 2006
578

Legislative and Regulatory Reform Bill, continued

(a)
the provision made by the draft order does not serve the purpose specified

in section (Power to remove or reduce burdens)(2), (Power to promote

regulatory principles)(2) or (Power to implement Law Commission
10
recommendations)(2) (as the case may be);

(b)
any relevant condition in section 3(2) is not satisfied in relation to any

provision of the draft order referred to in section 3(1); or

(c)
the condition in section 3(4) is not satisfied in relation to any provision

of the draft order referred to in section 3(3).
15
(2C)
Where a recommendation is made by a committee of either House under

subsection (2A) in relation to a draft order, no proceedings may be taken in

relation to the draft order in that House under subsection (2) unless the

recommendation is, in the same Session, rejected by resolution of that House.’.

As Amendments to Hilary Armstrong’s proposed Amendment (No. 50):—

Mr Greg Knight

Rosemary McKenna

Sir Robert Smith

Mr Eric Illsley

Mr Christopher Chope

Ms Katy Clark

John Hemming

Lynne Jones

Mark Fisher

Kate Hoey
Jermy Corbyn

Not called  (a)

Line  1,  leave out from ‘with’ to end of line 14 and insert ‘responsibility for this

matter may, at any time after the expiry of the 30-day period and before the

expiry of the 40-day period, recommend that no further proceedings be taken in

relation to the draft order.’.

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  (b)

Line  5,  leave out from beginning to end of line 14.

Mr David Heath

David Howarth

Not called  (c)

Line  5,  leave out from beginning to end of line 18.

Andrew Miller

Alison Seabeck

Not called  (e)

Line  16,  leave out from ‘no’ to ‘the recommendation’ in line 17 and insert ‘order

may be made under this Part in the terms of the draft order unless either—

(a)
before the order is made—

(i)
at least two years have passed since the recommendation was

made, and

(ii)
the procedure to be observed under this Part has been observed

anew, or

(b)
’.

Report Stage Proceedings: 16th May 2006
579

Legislative and Regulatory Reform Bill, continued

Mr Oliver Heald

Mr Jonathan Djanogly

Mr Mark Harper

Not called  (d)

Line  18,  at end add—

‘(2D)
Where a draft order has been the subject of a recommendation under subsection

(2A) and no further proceedings have been taken in the same Session, a Minister

may not table a like draft Order within a period of two years after the day before

the draft order was laid before Parliament pursuant to section 12.’.

Hilary Armstrong

Agreed to  51

Page  8,  line  34  [Clause  15],  leave out ‘subsection (2)’ and insert ‘this section—

(a)
the “30-day period” has the meaning given by section 13(7); and

(b)
’.

Hilary Armstrong

Agreed to  52

Page  8,  line  34  [Clause  15],  at end insert—

‘(5)
For the purpose of calculating the 40-day period in a case where a

recommendation is made under subsection (2A) by a committee of either House

but the recommendation is rejected by that House under subsection (2C), no

account shall be taken of any day between the day on which the recommendation

was made and the day on which the recommendation was rejected.’.

Andrew Miller

Alison Seabeck

Not called  102

Page  8,  line  34  [Clause  15],  at end add—

‘(5)
This section is subject to section (Extension of periods).’.

Hilary Armstrong

Agreed to  53

Page  9,  line  5  [Clause  16],  leave out from ‘statement’ to end of line 6 and insert—

‘(a)
stating whether any representations were made under subsection (2)(a);

and

(b)
if any representations were so made, giving details of them.’.

Hilary Armstrong

Agreed to  54

Page  9,  line  8  [Clause  16],  after subsection (4) insert—

‘(4A)
However, a committee of either House charged with reporting on the draft order

may, at any time after the laying of a statement under subsection (3) and before

the draft order is approved by that House under subsection (4), recommend under

this subsection that no further proceedings be taken in relation to the draft order.
5
(4B)
A recommendation under subsection (4A) may be made only if the committee

considers that—

(a)
the provision made by the draft order does not serve the purpose specified

in section (Power to remove or reduce burdens)(2), (Power to promote