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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 | | (4C) | Where a recommendation is made by a committee of either House under |
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| | subsection (4A) 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 (4) 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. 54):— |
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| Kate Hoey Jeremy Corbyn | Kelvin Hopkins |
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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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| | ‘(4D) | Where a draft order has been the subject of a recommendation under subsection |
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| | (4A) 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 9, line 18 [Clause 16], after subsection (6) insert— |
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| | ‘(6A) | However, a committee of either House charged with reporting on the revised draft |
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| | order may, at any time after the revised draft order is laid under subsection (5) and |
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| | before it is approved by that House under subsection (6), recommend under this |
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| | subsection that no further proceedings be taken in relation to the revised draft |
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5 | | |
| | (6B) | A recommendation under subsection (6A) may be made only if the committee |
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| | (a) | the provision made by the revised draft order does not serve the purpose |
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| | specified in section (Power to remove or reduce burdens)(2), (Power to |
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10 | | promote regulatory principles)(2) or (Power to implement Law |
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| | Commission 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 revised 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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15 | | of the revised draft order referred to in section 3(3). |
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| | (6C) | Where a recommendation is made by a committee of either House under |
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| | subsection (6A) in relation to a revised draft order, no proceedings may be taken |
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| | in relation to the revised draft order in that House under subsection (6) 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. 55):— |
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| Line 1, leave out from ‘with’ to end of line 15 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 6, leave out from beginning to end of line 15. |
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| Line 6, leave out from beginning to end of line 19. |
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| Line 17, 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 revised 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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| | ‘(6D) | Where a draft order has been the subject of a recommendation under subsection |
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| | (6A) 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 9, line 23 [Clause 16], at end add— |
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| | ‘(9) | This section is subject to section (Extension of periods).’. |
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| Page 9, line 27 [Clause 17], leave out from ‘which’ to ‘either’ in line 28. |
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| Page 9, line 30 [Clause 18], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 9, line 35 [Clause 18], leave out ‘section 1’ and insert ‘this Part’. |
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| Page 9 [Clause 19], leave out line 40. |
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| Page 10, line 7 [Clause 19], leave out ‘section 1(4)’ and insert ‘section (Power to |
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| implement Law Commission recommendations)(3)’. |
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| Page 10, line 19 [Clause 20], leave out subsection (3). |
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| Page 10, line 24 [Clause 21], after ‘must’ insert ‘, except in a case where |
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| subsection (2A) applies,’. |
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| Page 10, line 25 [Clause 21], leave out ‘the exercise of’ and insert ‘determining |
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| any general policy or principles by reference to which the person exercises’. |
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| Page 10, line 25 [Clause 21], at end insert— |
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| | ‘(2A) | Any person exercising a regulatory function to which this section applies which |
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| | is a function of setting standards or giving guidance generally in relation to the |
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| | exercise of other regulatory functions must have regard to the code in the exercise |
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| Page 10, line 26 [Clause 21], leave out ‘duty in subsection (2) is’ and insert ‘duties |
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| in subsections (2) and (2A) are’. |
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| Page 10, line 28 [Clause 21], leave out subsection (4). |
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| Page 11, line 9 [Clause 22], leave out subsections (5) and (6) and insert— |
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| | ‘(5) | If, within the 40-day period beginning with the day on which it is laid before |
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| | Parliament, the draft code is approved by a resolution of each House of |
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| | Parliament, the Minister may issue the code (or revised code) in the form of the |
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| | draft, and it shall come into force on such date as the Minister may, by order made |
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| | by statutory instrument, appoint.’. |
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| Page 11, line 9 [Clause 22], leave out subsections (5) to (7) and insert— |
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| | ‘(4A) | Where the draft laid before Parliament under subsection (4) is approved by |
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| | resolution of each House of Parliament, the Minister may issue the code (or |
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| | (4B) | A code (or revised code) issued under subsection (4A) shall come into force on |
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| | such date as the Minister may by order made by statutory instrument appoint.’. |
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| Page 12, line 17, leave out Clause 24. |
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| Page 13, line 25 [Clause 26], leave out from beginning to ‘[The date’ in line 26 and |
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| insert ‘modified or supplemented from time to time.’. |
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| Page 16, line 16 [Clause 29], at the end insert— |
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| | ‘(aa) | the instrument so far as containing that provision is by virtue of any |
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| | enactment required to be laid before Parliament after being made and |
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| | to be approved by resolution of each House of Parliament in order to |
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| | come into or remain in force;’. |
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| Page 16, line 17 [Clause 29], after ‘paragraph (a)’ insert ‘or (aa)’. |
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| Page 16, line 20 [Clause 29], leave out from ‘made’ to the end of line 22. |
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| Page 16, line 23 [Clause 29], after ‘instrument’ insert ‘or a draft of the instrument’. |
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| Page 16, line 24 [Clause 29], after ‘required’ insert ‘at any time’. |
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| Page 16 [Clause 29], leave out line 25. |
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| Page 16, line 35 [Clause 29], at end insert— |
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| | ‘(ba) | in a case where the condition in sub-paragraph (2)(aa) above is |
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| | satisfied, the instrument is not required to be laid before Parliament |
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| | after being made (and accordingly any requirement that the instrument |
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| | be approved by each House of Parliament in order for it to come into |
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| | or remain in force does not apply); and’. |
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| Page 17, line 13 [Clause 29], after ‘instrument’ insert ‘or a draft of the instrument’. |
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| Page 17, line 14 [Clause 29], after ‘required’ insert ‘at any time’. |
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| Page 17 [Clause 29], leave out line 15. |
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| Page 17, line 37 [Clause 29], leave out ‘10(2)’ and insert ‘11’. |
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| Page 18, line 33 [Clause 31], leave out ‘section 1’ and insert ‘section (Power to |
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| remove or reduce burdens) or (Power to promote regulatory principles)’. |
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| Page 18, line 40 [Clause 32], at end insert— |
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| | ‘“regulatory function” means— |
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| | (a) | a function under any enactment of imposing requirements, |
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| | restrictions or conditions, or setting standards or giving |
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| | guidance, in relation to any activity; |
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| | (b) | a function which relates to the securing of compliance with, or |
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| | the enforcement of, requirements, restrictions, conditions, |
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| | standards or guidance which under or by virtue of any enactment |
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| | but does not include any function of conducting criminal or civil |
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| | (2) | In subsection (1), in the definition of “regulatory function”— |
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| | (a) | the references to a function include a function exercisable by or on behalf |
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| | (b) | the references to an activity include— |
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| | (i) | providing any goods or services; |
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| | (ii) | employing or offering employment to any person.’. |
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| Page 19, line 2 [Clause 34], leave out from ‘under’ to the end of the line and insert |
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| ‘Part 1 which amends or repeals any enactment’. |
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| Page 19, line 3 [Clause 34], leave out ‘extending outside England and Wales, |
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| Scotland and Northern Ireland’. |
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| Page 19, line 4 [Clause 34], leave out ‘legislation’ and insert ‘enactment’. |
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| Title, line 1, leave out ‘reforming legislation’ and insert ‘removing or reducing burdens |
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| resulting from legislation, promoting regulatory principles’. |
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| | Bill read the third time, and passed. |
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