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LORDS amendments to the

Legislative and Regulatory Reform Bill

[The page and line references are to HL Bill 109, the bill as first printed for the Lords.]

Clause 1

1

Page 1, line 13, leave out from “otherwise,” to end of line 14 and insert “which

 

affects the carrying on of any lawful activity”

2

Page 2, line 18, leave out paragraphs (a) to (c) and insert—

 

“(a)    

provision abolishing, conferring or transferring, or providing for

 

the delegation of, functions of any description,

 

(b)    

provision creating or abolishing a body or office,”

3

Page 2, line 24, leave out paragraph (d)

Clause 2

4

Page 3, line 5, leave out “transfer or”

5

Page 3, line 7, leave out paragraphs (d) and (e)

6

Page 3, line 11, at end insert—

 

“(4A)    

The provision referred to in subsection (4)(c) includes provision—

 

(a)    

to create a new body to which, or a new office to the holder of

 

which, regulatory functions are transferred;

 

(b)    

to abolish a body from which, or office from the holder of which,

 

regulatory functions are transferred.

 

(4B)    

The provision that may be made under subsection (1) does not include

 

provision conferring any new regulatory function or abolishing any

 

regulatory function.”

Clause 3

7

Leave out Clause 3

Clause 4

8

Page 4, line 4, leave out “, 2(1) or 3(1)” and insert “or 2(1), other than provision

 
 
Bill 24454/1

 
 

2

 
 

which merely restates an enactment,”

9

Page 4, line 16, at end insert—

 

“(f)    

the provision is not of constitutional significance.”

10

Page 4, line 17, leave out subsection (3)

11

Page 4, line 22, leave out “, 2(1) or 3(1)” and insert “or 2(1)”

12

Page 4, line 23, leave out from “enactment” to end of line 24

13

Page 4, line 28, at end insert—

 

“( )    

In this section and sections 5 to 8, to “restate” an enactment means to

 

replace it with alterations only of form or arrangement (and for these

 

purposes to remove an ambiguity is to make an alteration other than one of

 

form or arrangement).”

Clause 5

14

Page 4, line 29, at end insert—

 

“(A1)    

An order under this Part may only confer or transfer a function of

 

legislating on or to—

 

(a)    

a Minister of the Crown;

 

(b)    

any person on or to whom functions are conferred or have been

 

transferred by an enactment; or

 

(c)    

a body which, or the holder of an office which, is created by the

 

order.

 

(A2)    

An order under this Part may not make provision for the delegation of any

 

function of legislating.”

15

Page 4, line 36, leave out from “is” to “; or” in line 37 and insert “an instrument to

 

which section 5(1) of the Statutory Instruments Act 1946 (c. 36) applies

 

(instruments subject to annulment by resolution of either House of Parliament)”

16

Page 4, line 40, leave out “Subsection (1) does” and insert “Subsections (A1) to (1)

 

do”

17

Page 4, line 40, at end insert—

 

“(5)    

For the purposes of this section a “function of legislating” is a function of

 

legislating by order, rules, regulations or other subordinate instrument.”

Clause 6

18

Page 5, line 2, leave out from “impose” to end of line 3 and insert “, abolish or vary

 

any tax”

19

Page 5, line 4, leave out subsection (2) and insert—

 

“(2)    

The Treasury may by regulations make provision for varying the way in

 

which a relevant tax has effect in relation to—

 

(a)    

any property, rights or liabilities transferred by or under an order

 

under this Part; or

 

(b)    

anything done for the purposes of, or in relation to, the transfer of

 

any property, rights or liabilities by or under an order under this

 

Part.


 
 

3

 
 

(3)    

The provision which may be made under subsection (2)(a) includes in

 

particular provision for—

 

(a)    

a tax provision not to apply, or to apply with modifications, in

 

relation to any property, rights or liabilities transferred;

 

(b)    

any property, rights or liabilities transferred to be treated in a

 

specified way for the purposes of a tax provision;

 

(c)    

the Minister of the Crown making the order to be required or

 

permitted, with the consent of the Treasury, to determine, or

 

specify the method for determining, anything which needs to be

 

determined for the purposes of any tax provision so far as relating

 

to any property, rights or liabilities transferred.

 

(4)    

The provision which may be made under subsection (2)(b) includes in

 

particular provision for—

 

(a)    

a tax provision not to apply, or to apply with modifications, in

 

relation to anything done for the purposes of or in relation to the

 

transfer;

 

(b)    

anything done for the purposes of or in relation to the transfer to

 

have or not have a specified consequence or be treated in a specified

 

way;

 

(c)    

the Minister of the Crown making the order to be required or

 

permitted, with the consent of the Treasury, to determine, or

 

specify the method for determining, anything which needs to be

 

determined for the purposes of any tax provision so far as relating

 

to anything done for the purposes of or in relation to the transfer.

 

(5)    

Regulations under subsection (2) are to be made by statutory instrument.

 

(6)    

A statutory instrument containing regulations under subsection (2) is

 

subject to annulment in pursuance of a resolution of the House of

 

Commons.

 

(7)    

In this section—

 

“relevant tax” means income tax, corporation tax, capital gains tax,

 

stamp duty or stamp duty reserve tax;

 

“tax provision” means a provision of an enactment about a relevant

 

tax.”

Clause 10

20

Page 6, line 11, leave out “, 2(5) or 3(5)” and insert “or 2(5)”

Clause 11

21

Page 6, line 15, leave out “, 2(5) or 3(5)” and insert “or 2(5)”

Clause 14

22

Page 7, line 10, leave out paragraph (d) and insert—

 

“(d)    

in such cases as he considers appropriate, consult the Law

 

Commission, the Scottish Law Commission or the Northern Ireland

 

Law Commission, and”

23

Page 7, leave out line 14

24

Page 7, line 15, leave out subsection (2)


 
 

4

25

Page 7, line 20, leave out “or (2)”

Clause 15

26

Page 8, line 12, leave out “powers to legislate” and insert “functions of legislating”

27

Page 8, line 13, leave out “those powers” and insert “the exercise of those

 

functions”

28

Page 8, line 18, leave out subsection (3)

29

Page 8, line 39, at end insert—

 

“( )    

In subsection (2)(e) “function of legislating” has the same meaning as in

 

section 5.”

Clause 17

30

Page 9, line 39, leave out from “that” to “the” in line 40 and insert “the Minister not

 

make an order in the terms of”

31

Page 9, line 41, leave out subsection (5)

Clause 18

32

Page 10, line 31, leave out subsection (4)

Clause 19

33

Page 11, line 31, leave out subsection (6)

34

Page 12, line 12, leave out subsection (11)

35

Page 12, line 24, at end insert—

 

“(12A)    

Subsections (4) to (6) of section 15 shall apply in relation to the disclosure

 

of representations under subsections (3)(b) and (8)(b)(i) of this section as

 

they apply in relation to the disclosure of representations under subsection

 

(2)(f)(ii) of that section.”

Clause 22

36

Leave out Clause 22

Clause 28

37

Page 16, leave out lines 22 and 23 and insert “modified or supplemented from time

 

to time.”

Clause 32

38

Page 20, line 29, leave out subsections (2) and (3) and insert—

 

“(2)    

The repeals in the Schedule do not affect the application of the 2001 Act in

 

relation to the making of an order under section 1 of that Act giving effect

 

(with or without variations) to proposals in a document laid before

 

Parliament under section 6(1) of that Act before the day on which this Act

 

comes into force.”


 
 

5

39

Page 20, line 36, leave out “Nothing in this Act affects” and insert “The repeals in

 

the Schedule do not affect”

40

Page 20, line 39, at end insert—

 

“(4A)    

The repeals in the Schedule do not affect—

 

(a)    

any power to make an order under section 1 of the 2001 Act

 

pursuant to section 4(4) of that Act (a “subordinate provisions

 

order”) in relation to the subordinate provisions of any order under

 

section 1 of that Act continuing in force by virtue of subsection (4);

 

or

 

(b)    

the operation of sections 1 to 4 of that Act in relation to the making

 

by virtue of paragraph (a) of any subordinate provisions order.”

41

Page 20, line 40, leave out “Nothing in this Act affects” and insert “The repeals in

 

the Schedule do not affect”

Clause 33

42

Page 21, line 18, at end insert—

 

“(3)    

In Article 17 of the Deregulation and Contracting Out (Northern Ireland)

 

Order 1996 (S.I. 1996/1632 (N.I. 11)), in paragraph (1), for “section 1 of the

 

Regulatory Reform Act 2001” substitute “section 1 or 2 of the Legislative

 

and Regulatory Reform Act 2006”.

Clause 34

43

Page 21, leave out lines 25 to 40 and insert—

 

“(2)    

In this Act “regulatory function” means—

 

(a)    

a function under any enactment of imposing requirements,

 

restrictions or conditions, or setting standards or giving guidance,

 

in relation to any activity; or

 

(b)    

a function which relates to the securing of compliance with, or the

 

enforcement of, requirements, restrictions, conditions, standards or

 

guidance which under or by virtue of any enactment relate to any

 

activity.

 

(3)    

In subsection (2)(a) and (b) the references to a function—

 

(a)    

include a function exercisable by or on behalf of the Crown;

 

(b)    

do not include—

 

(i)    

any function exercisable by any body of, or any person

 

holding office in, the Church of England; or

 

(ii)    

any function of conducting criminal or civil proceedings.

 

(4)    

In subsection (2)(a) and (b) the references to an activity include—

 

(a)    

providing goods and services; and

 

(b)    

employing or offering employment to any person.”

Clause 36

44

Page 22, line 5, leave out subsection (2) and insert—

 

“(2)    

In section 33—

 

(a)    

subsections (1) and (2) extend to England and Wales only;


 
 

6

 
 

(b)    

subsection (3) extends to Northern Ireland only.”

The Schedule

45

Page 23, line 31, at end insert—

 

“Wireless Telegraphy Act 2006

In Schedule 8, paragraph 9.”

 

In the Title

46

Line 2, leave out from “legislation” to “; to” in line 4 and insert “and promoting

 

regulatory principles”


 
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