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Tuesday 27th March 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus #

Tribunals, Courts and Enforcement Bill [Lords]


Note

The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.


Simon Hughes
Jenny Willott

179

Clause 129, page 99, line 17, after ‘gallery’, insert—

        ‘(da) the museum or gallery has, within 72 hours of the arrival of the object in the United Kingdom, given the Secretary of State details of the object, including its provenance and ownership,’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

181

Clause 129, page 99, line 18, after ‘with’, insert ‘the Due Diligence Guidelines for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material published from time to time by the Department for Culture, Media and Sport and’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

182

Clause 129, page 99, line 20, at end insert ‘(including provenance and, if appropriate, ownership) on a public register for the purpose of inviting any person who asserts a claim to that object to raise an objection to its inclusion in the exhibition within a specified period.’.

Simon Hughes
Jenny Willott

180

Clause 129, page 99, line 22, at end insert—

      ‘(3A) The Secretary of State must publish the details of an object which are given to him under subsection (2)(da).’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

183

Clause 129, page 99, line 25, leave out ‘and’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

184

Clause 129, page 99, line 27, at end insert ‘, and

        (c) only so long as the conditions in subsection (2) continue to be met.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

185

Clause 129, page 99, line 35, at end insert ‘, save that there must be at least three months between each period of protection.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

186

Clause 129, page 99, line 35, at end insert ‘, save that the total period of protection shall not exceed 36 months in any period of five years.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

187

Clause 129, page 100, line 7, leave out ‘may’ and insert ‘shall’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

188

Clause 129, page 100, line 10, at end insert ‘, including circumstances where a museum or gallery decides not to include an object in an exhibition or where a lender withdraws permission.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

189

Clause 129, page 100, line 10, at end insert—

      ‘(9A) The Secretary of State shall make regulations for the establishment of an independent committee to monitor the publication and reporting of specified information, the compliance of museums and galleries with the Due Diligence Guidelines for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material published from time to time by the Department for Culture, Media and Sport, and the handling of claims made or objections raised in relation to any object.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark
Simon Hughes

Jenny Willott

153

Clause 131, page 101, line 2, leave out from ‘objects’ to end of line 4 and insert—

      ‘(2A) It shall be a condition of such approval that any approved institution has agreed to apply to each and every protected object the Due Diligence Guidelines for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material published from time to time by the Department of Culture, Media and Sport.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

190

Clause 131, page 101, line 6, after ‘particular,’, insert ‘it must withdraw approval’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

191

Clause 131, page 101, line 10, after ‘reason)’, insert ‘and the institution has failed to improve its procedures having received a warning from the appropriate authority specifying a reasonable time frame in which to do so.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

192

Clause 131, page 101, line 12, at end insert ‘and, in the case of failure which is capable of remedy, has failed to remedy the failure having received a warning from the appropriate authority specifying a reasonable time frame in which to do so.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

193

Clause 131, page 101, line 15, at end insert ‘unless it can be shown that the object was wrongly granted protected status as a result of an inadequate due diligence procedure in relation to that object.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

154

Page 104, line 43, leave out Clause 136.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

155

Clause 140, page 109, line 12, at end add—

      ‘(8) The Lord Chancellor must consult any interested parties before making an order under this section.’.


Simon Hughes
Jenny Willott

160

Clause 143, page 110, line 3, at end insert—

      ‘(4A) No order may be made under this section to bring Chapter 1 of Part 3 into force unless the provisions of section [Commencement of Chapter 1 of Part 3] have been complied with.’.


Vera Baird

1

Clause 144, page 110, line 10, leave out subsection (2).


Remaining proceedings

Concurrent jurisdiction of courts, tribunals and public sector ombudsmen

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC5

    To move the following Clause:—

      ‘(1) In section 5 of the Parliamentary Commissioner Act 1967 (c. 13), omit subsection (2).

      (2) In section 26 of the Local Government Act 1974 (c. 7), omit subsection (6).

      (3) In section 4 of the Health Service Commissioners Act 1993 (c. 46), omit subsection (1).’.


Vera Baird

       That certain written evidence already reported to the House be appended to the proceedings of the Committee.

ORDER OF THE HOUSE [5TH MARCH 2007]

       The following provisions shall apply to the Tribunals, Courts and Enforcement Bill [Lords]:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 27th March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed.


ORDER OF THE COMMITTEE [15TH MARCH 2007]

       That—

        (1) in addition to its first meeting on Thursday 15th March at 9.00 a.m., the Committee shall meet on—

        (a) Thursday 15th March at 1.00 p.m.,

        (b) Tuesday 20th March at 10.45 a.m. and 4.00 p.m.,

        (c) Thursday 22nd March at 9.00 a.m. and 1.00 p.m., and

        (d) Tuesday 27th March at 10.45 a.m. and 4.00 p.m.;

        (2) the proceedings shall be taken in the order shown below and shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 27th March.
        Clauses 1 and 2; Schedule 1; Clauses 3 and 4; Schedule 2; Clause 5; Schedule 3; Clauses 6 and 7; Schedule 4; Clauses 8 to 22; Schedule 5; Clauses 23 to 36; Schedule 6; Clauses 37 to 44; Schedule 7; Clauses 45 to 47; new Clauses and new Schedules relating to Part 1; Clause 48; Schedules 8 and 9; Clauses 49 and 50; Schedule 10; Clauses 51 to 53; Schedule 11; Clauses 54 to 57; Schedules 12 and 13; Clauses 58 to 81; Schedule 14; Clauses 82 to 85; new Clauses and new Schedules relating to Part 3; Clause 86; Schedule 15; Clauses 87 to 100; new Clauses and new Schedules relating to Part 4; Clause 101; Schedule 16; Clauses 102 and 103; Schedules 17 to 20; Clauses 104 to 108; Schedule 21; Clauses 109 to 128; new Clauses and new Schedules relating to Part 5; Clauses 129 to 133; new Clauses and new Schedules relating to Part 6; Clause 134; Schedule 22; Clauses 135 to 141; Schedule 23; Clauses 142 to 144; remaining proceedings on the Bill.


 
 
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Prepared: 27 March 2007