41

House of Commons

Thursday 19th June 2008

Public Bill Committee

New Amendments handed in are marked thus

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

Regulatory Enforcement and Sanctions Bill [Lords]

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Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee [16th June 2008].

Mr Pat McFadden

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Lorely Burt

55

Clause  47,  page  23,  line  24,  at end insert ‘and may by notice re quire the regulator

to withdraw the notice and pursue the matter as a criminal offence under the relevant

provisions’.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

43

Clause  47,  page  23,  line  32,  leave out ‘14’ and insert ‘7’.

Lorely Burt

51

Clause  47,  page  23,  line  32,  leave out ‘within’ and insert ‘as quickly as possible

Public Bill Committee: 19th June 2008

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Regulatory Enforcement and Sanctions Bill [Lords] continued

and no later than’.

Mr Mark Prisk

Mr John Baron

Mr Jonathan Djanogly

56

Clause  48,  page  24,  line  15,  at end insert ‘and any subsequent appeal.’.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

44

Clause  53,  page  27,  line  13,  leave out ‘may’ and insert ‘shall’.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

45

Clause  66,  page  32,  line  6,  at end add—

‘(2)	Where the regulator is a local authority or authorities, prior to the provision being

made the relevant authority shall consult the LBRO as to whether the authority or

authorities are fully compliant with the said principles and will continue to act in

accordance with those principles.

(3)	Notwithstanding subsection (2), the relevant authority may proceed to make the

provision in subsection (1) with the condition that the LBRO is satisfied that any

authority that is not fully compliant will become fully compliant within one year

of the provision being made.’.

Mr Pat McFadden

48

Clause  77,  page  37,  line  30,  leave out subsection (2).

Public Bill Committee: 19th June 2008

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Regulatory Enforcement and Sanctions Bill [Lords] continued

New ClauseS

Disapplication of European Communities Act 1972

Mr William Cash

Mr Peter Bone

Mr Graham Stuart

Mr Richard Shepherd

Mr Brian Binley

NC1

To move the following Clause:—

‘(1)	An order made under this Act containing provision deriving from or relating to

Community treaties, Community instruments or Community obligations shall,

notwithstanding the European Communities Act 1972, be binding in any legal

proceedings in the United Kingdom and shall be construed as such by the courts

of the United Kingdom.

(2)	In section 1 and this section—

“Community instrument” and “Community obligations” have the same

meaning as in Part 2 of Schedule 1 to the European Communities Act

1972 (c. 68);

“Community treaties” has the same meaning as in section 1(2) of the

European Communities Act 1972.’.

Limitation

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

NC2

To move the following Clause:—

‘This Act and any order made under it shall by virtue of this section cease to have

effect on 1st January 2014.’.

Duty to secure observance of Code of Practice

Mr Mark Prisk

Mr John Baron

Mr Jonathan Djanogly

NC3

To move the following Clause:—

‘Where any local authority has been granted powers under Part 3 of this Act, the

LBRO shall have the duty or reviewing and, if appropriate, certifying every three

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Regulatory Enforcement and Sanctions Bill [Lords] continued

years whether local authorities are compliant with the provisions of any Code

issued under Section 22 of the Legislative and Regulatory Reform Act 2006.’.

Enforcement action

Sarah Teather

Lorely Burt

NC4

To move the following Clause:—

‘(1)	A local authority other than the primary authority (‘an enforcing authority’) must

inform the primary authority of any breaches of legislation of which it becomes

aware.

(2)	An enforcing authority wishing to take any enforcement action through the courts

against the regulated person must seek a statement from the primary authority.

(3)	Any statement issued under subsection (2) shall include—

(a)	Such information on the history of the relationship between the primary

authority and the regulated person as the primary authority feels is

relevant to the case; and

(b)	any specific written advice that has been issued by the primary authority

on the matter in question.

(4)	Any statement issued under subsection (2) must be disclosed to the regulated

person.’.

Compliance plan

Sarah Teather

Lorely Burt

NC5

To move the following Clause:—

‘(1)	A primary authority may, after consultation with a regulated person, publish a

compliance plan in respect of that person.

(2)	A compliance plan under subsection (1) shall be a plan containing information

regarding the regulated person.

(3)	A compliance plan under subsection (1) may, in particular, set out information

which may be of use to other local authorities, which may be enforcing authorities

in respect of the regulated person, regarding that person’s operation including—

(a)	processes and procedures employed by the regulated person to ensure

compliance with legal requirements relating to relevant functions;

(b)	planned improvements in that person’s premises or processes which

affect compliance;

(c)	planned employee training relating to compliance;

(d)	external accreditation or audit relating to compliance;

(e)	suggested priorities for inspections and other interventions; and

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Regulatory Enforcement and Sanctions Bill [Lords] continued

(f)	other information of use to local authorities in carrying out their

regulatory functions.

(4)	LBRO may publish compliance plans and bring them to the notice of relevant

local authorities.

(5)	The primary authority may from time to time revise compliance plans following

consultation with the regulated person.’.

Mr Pat McFadden

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [21st May 2008]

That the following provisions shall apply to the Regulatory Enforcement and Sanctions

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 Tuesday 1st July 2008.

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

consideration of any message from the Lords) may be programmed.

Order of the Committee [17th June 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

17th June) meet—

(a)	at 4.00 p.m. on Tuesday 17th June;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 19th June;

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Regulatory Enforcement and Sanctions Bill [Lords] continued

(c)	at 11.00 a.m. and 4.00 p.m. on Tuesday 24th June;

(d)	at 9.00 a.m. and 2.00 p.m. on Thursday 26th June;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 1st July;

(2)	the proceedings shall be taken in the following order: Clause 1; Schedule 1;

Clause 2; Schedule 2; Clauses 3 and 4; Schedule 3; Clauses 5 to 28; Schedule

4; Clauses 29 to 37; Schedules 5 and 6; Clauses 38 to 62; Schedule 7; Clauses

63 to 77; new Clauses; new Schedules; remaining proceedings on the Bill;

(3)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 1st July.

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Revised 19 June 2008