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Parliamentary Costs Bill [HL]


Parliamentary Costs Bill [HL]

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Final

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Consequential and transitional provisions

(1)   

In section 6 of the Private Legislation Procedure (Scotland) Act 1936 (c. 52)

(sittings of Commissioners on provisional orders), in subsection (6), for the

words from the beginning to the first “shall” substitute “Sections 9 to 12 of the

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Parliamentary Costs Act 2006 shall,”.

(2)   

In section 9 of that Act (procedure on bills to confirm provisional orders), in

subsection (3), for “the Parliamentary Costs Act, 1865” substitute “sections 9 to

12 of the Parliamentary Costs Act 2006”.

(3)   

In section 7 of the Statutory Orders (Special Procedure) Act 1945 (c. 18) (costs),

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in subsection (1), for the words from “under the Parliamentary Costs Act 1865”

to “the first mentioned Act” substitute “under sections 9 to 12 of the

Parliamentary Costs Act 2006 (as a result of section 15(4) and (5) of that Act);

and sections 9 to 12 of that Act”.

(4)   

In subsection (2) of that section—

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(a)   

for the words from the beginning to “1849”, substitute “Sections 2 to 8,

13 and 14 of that Act”, and

(b)   

for the words from “and section two” to the end substitute “and, for that

purpose, the reference to the Secretary of State in section 5(3) of that Act

(which refers to the procedure under which the Secretary of State

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requests an assessment of costs) is to be read as including a reference to

the Minister.”.

(5)   

The amendments made by this section have the same extent as the enactments

to which they relate.

(6)   

Schedule 1 contains repeals and revocations.

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(7)   

Schedule 2 contains transitional provisions.

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Interpretation

In this Act—

“costs” includes fees, disbursements and expenses,

“promoter” means, in the case of a private Bill not promoted by a

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company—

(a)   

any person named in the Bill as a promoter of it, and

(b)   

any company which would, if the provisions of the Bill were in

force, be incorporated as a result,

“provisional order” means an order or scheme made under, and requiring

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confirmation by, Act of Parliament,

“provisional order Bill” means a Bill to confirm a provisional order,

“representative” includes a parliamentary agent and a solicitor,

“responsible officer” has the meaning given by section 1,

“solicitor” includes a body recognised under section 9 of the

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Administration of Justice Act 1985 (c. 61) (incorporated practices) and a

reference to a solicitor’s partner includes a director of such a body, and

“successor”, in relation to a representative, means his executor,

administrator or assignee.

 
 

Parliamentary Costs Bill [HL]

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19      

Commencement, extent and short title

(1)   

This Act comes into force on 1st April 2007.

(2)   

Subject to section 17(5), this Act extends to Northern Ireland.

(3)   

This Act may be cited as the Parliamentary Costs Act 2006.

 
 

Parliamentary Costs Bill [HL]
Schedule 2 — Transitional provisions

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Schedules

Schedule 1

Section 17(6)

 

Repeals and revocations

 

Reference

Extent of repeal or revocation

 
 

House of Commons Costs

The whole Act.

 

5

 

Taxation Act 1847 (c. 69)

  
 

House of Lords Costs Taxation

The whole Act.

 
 

Act 1849 (c. 78)

  
 

Parliamentary Costs Act 1865

The whole Act.

 
 

(c. 27)

  

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Parliamentary Costs Act 1867

The whole Act.

 
 

(c. 136)

  
 

Parliamentary Costs Act 1871

The whole Act.

 
 

(c. 3)

  
 

House of Commons Costs

The whole Act.

 

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Taxation Act 1879 (c. 17)

  
 

Solicitors’ Incorporated

In Schedule 1, the entries relating to—

 
 

Practices Order 1991 (S.I.

the House of Commons Costs Taxation Act

 
 

1991/2684)

1847,

 
  

the House of Lords Costs Taxation Act 1849,

 

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the Parliamentary Costs Act 1865, and

 
  

the House of Commons Costs Taxation Act

 
  

1879.

 
  

In Schedule 2, the entry relating to the House of

 
  

Lords Costs Taxation Act 1849.

 

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Statute Law (Repeals) Act 1993

In Schedule 2, paragraph 13.

 
 

(c. 50)

  

Schedule 2

Section 17(7)

 

Transitional provisions

1          

The repeal and re-enactment of provisions by this Act does not affect the

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continuity of the law.

2          

A reference, express or implied, in this Act, another enactment or an

instrument or document, to a provision of this Act is, subject to its context,

to be read as being or including a reference to the corresponding provision

 

 

Parliamentary Costs Bill [HL]
Schedule 2 — Transitional provisions

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repealed by this Act, in relation to times, circumstances or purposes in

relation to which the repealed provision had effect.

3          

A reference, express or implied, in any enactment, instrument or document

to a provision repealed by this Act is, subject to its context, to be read as

being or including a reference to the corresponding provision of this Act, in

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relation to times, circumstances or purposes in relation to which that

provision had effect.

4          

In particular, where a power conferred by an Act is expressed to be

exercisable in relation to enactments contained in Acts passed before or in

the same Session as the Act conferring the power, the power is also

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exercisable in relation to provisions of this Act that reproduce such

enactments.

5          

Anything done, or having effect as if done, under (or for the purposes of or

in reliance on) a provision repealed by this Act and in force or effective

immediately before the commencement of this Act, has effect after that

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commencement as if done under (or for the purposes of or in reliance on) the

corresponding provision of this Act.

6          

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation

Act 1978 (c. 30); but nothing in this Schedule affects any other provision of

that Act.

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Revised 12 October 2006