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Legislative and Regulatory Reform Bill |
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[The page and line references are to HL Bill 109, the bill as first printed for the Lords.] |
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1 | Page 1, line 13, leave out from “otherwise,” to end of line 14 and insert “which |
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| affects the carrying on of any lawful activity” |
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2 | Page 2, line 18, leave out paragraphs (a) to (c) and insert— |
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| “(a) | provision abolishing, conferring or transferring, or providing for |
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| the delegation of, functions of any description, |
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| (b) | provision creating or abolishing a body or office,” |
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3 | Page 2, line 24, leave out paragraph (d) |
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4 | Page 3, line 5, leave out “transfer or” |
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5 | Page 3, line 7, leave out paragraphs (d) and (e) |
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6 | Page 3, line 11, at end insert— |
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| “(4A) | The provision referred to in subsection (4)(c) includes provision— |
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| (a) | to create a new body to which, or a new office to the holder of |
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| which, regulatory functions are transferred; |
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| (b) | to abolish a body from which, or office from the holder of which, |
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| regulatory functions are transferred. |
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| (4B) | The provision that may be made under subsection (1) does not include |
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| provision conferring any new regulatory function or abolishing any |
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7 | |
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8 | Page 4, line 4, leave out “, 2(1) or 3(1)” and insert “or 2(1), other than provision |
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| which merely restates an enactment,” |
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9 | Page 4, line 16, at end insert— |
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| “(f) | the provision is not of constitutional significance.” |
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10 | Page 4, line 17, leave out subsection (3) |
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11 | Page 4, line 22, leave out “, 2(1) or 3(1)” and insert “or 2(1)” |
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12 | Page 4, line 23, leave out from “enactment” to end of line 24 |
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13 | Page 4, line 28, at end insert— |
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| “( ) | In this section and sections 5 to 8, to “restate” an enactment means to |
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| replace it with alterations only of form or arrangement (and for these |
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| purposes to remove an ambiguity is to make an alteration other than one of |
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14 | Page 4, line 29, at end insert— |
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| “(A1) | An order under this Part may only confer or transfer a function of |
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| (a) | a Minister of the Crown; |
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| (b) | any person on or to whom functions are conferred or have been |
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| transferred by an enactment; or |
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| (c) | a body which, or the holder of an office which, is created by the |
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| (A2) | An order under this Part may not make provision for the delegation of any |
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| function of legislating.” |
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15 | Page 4, line 36, leave out from “is” to “; or” in line 37 and insert “an instrument to |
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| which section 5(1) of the Statutory Instruments Act 1946 (c. 36) applies |
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| (instruments subject to annulment by resolution of either House of Parliament)” |
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16 | Page 4, line 40, leave out “Subsection (1) does” and insert “Subsections (A1) to (1) |
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17 | Page 4, line 40, at end insert— |
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| “(5) | For the purposes of this section a “function of legislating” is a function of |
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| legislating by order, rules, regulations or other subordinate instrument.” |
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18 | Page 5, line 2, leave out from “impose” to end of line 3 and insert “, abolish or vary |
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19 | Page 5, line 4, leave out subsection (2) and insert— |
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| “(2) | The Treasury may by regulations make provision for varying the way in |
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| which a relevant tax has effect in relation to— |
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| (a) | any property, rights or liabilities transferred by or under an order |
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| (b) | anything done for the purposes of, or in relation to, the transfer of |
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| any property, rights or liabilities by or under an order under this |
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| (3) | The provision which may be made under subsection (2)(a) includes in |
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| particular provision for— |
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| (a) | a tax provision not to apply, or to apply with modifications, in |
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| relation to any property, rights or liabilities transferred; |
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| (b) | any property, rights or liabilities transferred to be treated in a |
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| specified way for the purposes of a tax provision; |
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| (c) | the Minister of the Crown making the order to be required or |
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| permitted, with the consent of the Treasury, to determine, or |
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| specify the method for determining, anything which needs to be |
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| determined for the purposes of any tax provision so far as relating |
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| to any property, rights or liabilities transferred. |
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| (4) | The provision which may be made under subsection (2)(b) includes in |
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| particular provision for— |
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| (a) | a tax provision not to apply, or to apply with modifications, in |
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| relation to anything done for the purposes of or in relation to the |
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| (b) | anything done for the purposes of or in relation to the transfer to |
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| have or not have a specified consequence or be treated in a specified |
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| (c) | the Minister of the Crown making the order to be required or |
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| permitted, with the consent of the Treasury, to determine, or |
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| specify the method for determining, anything which needs to be |
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| determined for the purposes of any tax provision so far as relating |
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| to anything done for the purposes of or in relation to the transfer. |
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| (5) | Regulations under subsection (2) are to be made by statutory instrument. |
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| (6) | A statutory instrument containing regulations under subsection (2) is |
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| subject to annulment in pursuance of a resolution of the House of |
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| “relevant tax” means income tax, corporation tax, capital gains tax, |
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| stamp duty or stamp duty reserve tax; |
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| “tax provision” means a provision of an enactment about a relevant |
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20 | Page 6, line 11, leave out “, 2(5) or 3(5)” and insert “or 2(5)” |
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21 | Page 6, line 15, leave out “, 2(5) or 3(5)” and insert “or 2(5)” |
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22 | Page 7, line 10, leave out paragraph (d) and insert— |
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| “(d) | in such cases as he considers appropriate, consult the Law |
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| Commission, the Scottish Law Commission or the Northern Ireland |
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23 | Page 7, leave out line 14 |
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24 | Page 7, line 15, leave out subsection (2) |
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25 | Page 7, line 20, leave out “or (2)” |
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26 | Page 8, line 12, leave out “powers to legislate” and insert “functions of legislating” |
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27 | Page 8, line 13, leave out “those powers” and insert “the exercise of those |
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28 | Page 8, line 18, leave out subsection (3) |
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29 | Page 8, line 39, at end insert— |
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| “( ) | In subsection (2)(e) “function of legislating” has the same meaning as in |
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30 | Page 9, line 39, leave out from “that” to “the” in line 40 and insert “the Minister not |
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| make an order in the terms of” |
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31 | Page 9, line 41, leave out subsection (5) |
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32 | Page 10, line 31, leave out subsection (4) |
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33 | Page 11, line 31, leave out subsection (6) |
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34 | Page 12, line 12, leave out subsection (11) |
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35 | Page 12, line 24, at end insert— |
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| “(12A) | Subsections (4) to (6) of section 15 shall apply in relation to the disclosure |
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| of representations under subsections (3)(b) and (8)(b)(i) of this section as |
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| they apply in relation to the disclosure of representations under subsection |
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| (2)(f)(ii) of that section.” |
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37 | Page 16, leave out lines 22 and 23 and insert “modified or supplemented from time |
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38 | Page 20, line 29, leave out subsections (2) and (3) and insert— |
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| “(2) | The repeals in the Schedule do not affect the application of the 2001 Act in |
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| relation to the making of an order under section 1 of that Act giving effect |
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| (with or without variations) to proposals in a document laid before |
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| Parliament under section 6(1) of that Act before the day on which this Act |
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39 | Page 20, line 36, leave out “Nothing in this Act affects” and insert “The repeals in |
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| the Schedule do not affect” |
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40 | Page 20, line 39, at end insert— |
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| “(4A) | The repeals in the Schedule do not affect— |
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| (a) | any power to make an order under section 1 of the 2001 Act |
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| pursuant to section 4(4) of that Act (a “subordinate provisions |
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| order”) in relation to the subordinate provisions of any order under |
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| section 1 of that Act continuing in force by virtue of subsection (4); |
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| (b) | the operation of sections 1 to 4 of that Act in relation to the making |
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| by virtue of paragraph (a) of any subordinate provisions order.” |
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41 | Page 20, line 40, leave out “Nothing in this Act affects” and insert “The repeals in |
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| the Schedule do not affect” |
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42 | Page 21, line 18, at end insert— |
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| “(3) | In Article 17 of the Deregulation and Contracting Out (Northern Ireland) |
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| Order 1996 (S.I. 1996/1632 (N.I. 11)), in paragraph (1), for “section 1 of the |
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| Regulatory Reform Act 2001” substitute “section 1 or 2 of the Legislative |
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| and Regulatory Reform Act 2006”. |
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43 | Page 21, leave out lines 25 to 40 and insert— |
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| “(2) | In this Act “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 guidance, |
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| in relation to any activity; or |
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| (b) | a function which relates to the securing of compliance with, or the |
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| enforcement of, requirements, restrictions, conditions, standards or |
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| guidance which under or by virtue of any enactment relate to any |
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| (3) | In subsection (2)(a) and (b) the references to a function— |
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| (a) | include a function exercisable by or on behalf of the Crown; |
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| (i) | any function exercisable by any body of, or any person |
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| holding office in, the Church of England; or |
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| (ii) | any function of conducting criminal or civil proceedings. |
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| (4) | In subsection (2)(a) and (b) the references to an activity include— |
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| (a) | providing goods and services; and |
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| (b) | employing or offering employment to any person.” |
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44 | Page 22, line 5, leave out subsection (2) and insert— |
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| (a) | subsections (1) and (2) extend to England and Wales only; |
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