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Overall recommendation
We have examined the proposal for the Regulatory Reform (Agricultural Tenancies)(England and Wales) Order 2006 in accordance with Standing Order No. 141. We recommend unanimously that a draft Order in the same form as the proposal should be laid before the House.
Outline of the proposed Order
The purpose of the proposed Order is to amend the Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995 in order to remove burdens on the landlords and tenants of agricultural land and on persons appointed to arbitrate in disputes between them.
Summary of the Committee's findings on the proposal against the prescribed criteria
The proposal for the Regulatory Reform (Agricultural Tenancies)(England and Wales) Order 2006 was laid before the House by the Cabinet Office on 30 March 2006 on behalf of the Secretary of State for Environment Food and Rural Affairs. We have considered the proposal against the criteria set out in paragraph (6) of Standing Order No. 141 and report the following conclusions to the House.
Criterion (a): appropriate for delegated legislation
In our view the proposal appears to be appropriate for delegated legislation.
Criterion (b): removal or reduction of burdens
The proposal would remove or reduce a number of burdens.
Criterion (c): maintenance of necessary protection
We are satisfied that no necessary protection would be lost.
Criterion (d): adequate consultation
We consider the proposal has been the subject of, and appropriate account has been taken of, an adequate degree of consultation.
Criterion (e): charges on public revenues, payments to the Exchequer or any public authority
The proposal would not impose any requirements of this kind.
Criterion (f): retrospective effect
The proposal would not have retrospective effect.
Criterion (h): vires of the proposal
The proposal gives rise to no doubts as to whether it is intra vires.
Criterion (i):compatibility with membership of the European Union
We have seen no reason to consider that the proposal is incompatible with obligations arising from membership of the European Union.
Criterion (j): prevention of the exercise of rights and freedoms it would be reasonable to expect to continue
We consider that the proposal would not prevent the exercise of any right or freedom that any person could reasonably expect to continue to enjoy.
Criterion (k): new and re-enacted burdens are proportionate to the benefit which arises from them
We consider the new and re-enacted burdens imposed by the proposal would be proportionate to the beneficial effects which would arise from them.
Criterion (l):extent to which the order removes burdens or has other beneficial effects makes it desirable for it to be made
We consider the proposal meets the test of desirability in its removal and reduction of burdens.
Criterion (m): estimates of increases or reductions in costs or other benefits and the account taken of them
We consider the Department has made reasonable efforts to foresee the costs, savings and other benefits which could arise from the proposal.
Criterion (n):subordinate provisions
The proposal contains no provisions which are designated as subordinate provisions.
Explanation of the Committee's recommendation
In the remainder of this report we set out in more detail the basis on which we reached the conclusions and recommendation set out above.
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