House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

1

House of Commons

Tuesday 17th June 2008

Public Bill Committee Proceedings

Regulatory Enforcement and Sanctions Bill [Lords]

[first and second Sittings]

Mr Pat McFadden

Agreed to

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;

(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.

Mr Pat McFadden

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Agreed to

Clause 1 Agreed to.

Public Bill Committee Proceedings: 17th June 2008
2

Regulatory Enforcement and Sanctions Bill-[ [], continued

Mr Mark Prisk

Mr Jonathan Djanogly

Withdrawn  17

Schedule  1,  page  38,  line  13,  leave out sub-paragraph (3).

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  18

Schedule  1,  page  38,  line  17,  leave out sub-paragraph (5).

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  19

Schedule  1,  page  38,  line  20,  leave out ‘special’.

Mr Mark Prisk

Mr Jonathan Djanogly

Withdrawn  20

Schedule  1,  page  39,  line  39,  leave out subsection (1).

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  21

Schedule  1,  page  39,  line  40,  leave out subsection (2).

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  22

Schedule  1,  page  40,  line  3,  leave out subsection (4).

Mr Mark Prisk

Mr Jonathan Djanogly

Negatived on division  23

Schedule  1,  page  41,  line  2,  at end insert ‘no later than 30 days after its receipt’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  24

Schedule  1,  page  41,  line  25,  at end insert ‘no later than 30 days after its receipt’.

Schedule Agreed to.

Clause 2 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Withdrawn  46

Schedule  2,  page  43,  line  30,  leave out paragraph 3.

Schedule Agreed to.

Public Bill Committee Proceedings: 17th June 2008
3

Regulatory Enforcement and Sanctions Bill-[ [], continued

Clauses 3 and 4 Agreed to.

Schedule 3 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Withdrawn  1

Clause  5,  page  3,  line  37,  at end insert—

‘(d)
in accordance with any Code issued from time to time under Section 22

of the Legislative and Regulatory Reform Act 2006 (c. 51).’.

Lorely Burt

Withdrawn  49

Clause  5,  page  3,  line  42,  at end add—

‘(c)
regulatory activities should be carried out on the basis of a risk

assessment of the regulated person which should include their propensity

to comply with the regulation.’.

Clause Agreed to.

Clause 6 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Negatived on division  2

Clause  7,  page  4,  line  24,  leave out ‘LBRO’ and insert ‘The Secretary of State’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  3

Clause  7,  page  4,  line  24,  leave out first ‘it’ and insert ‘he’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  4

Clause  7,  page  4,  line  30,  leave out subsection (2).

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  5

Clause  7,  page  4,  line  32,  leave out ‘LBRO’ and insert ‘The Secretary of State’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  6

Clause  7,  page  4,  line  36,  leave out ‘(2) or’.

Public Bill Committee Proceedings: 17th June 2008
4

Regulatory Enforcement and Sanctions Bill-[ [], continued

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  7

Clause  7,  page  4,  line  37,  leave out ‘LBRO’ and insert ‘The Secretary of State’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  8

Clause  7,  page  4,  line  41,  leave out ‘LBRO’ and insert ‘The Secretary of State’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  9

Clause  7,  page  5,  line  1,  leave out ‘LBRO’ and insert ‘The Secretary of State’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  10

Clause  7,  page  5,  line  1,  leave out ‘it’ and insert ‘he’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  11

Clause  7,  page  5,  line  2,  leave out ‘it’ and insert ‘him’.

Lorely Burt

Sarah Teather

Not selected  52

Page  4,  line  23,  leave out Clause 7.

Clause Agreed to.

Clauses 8 to 10 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not selected  25

Page  6,  line  2,  leave out Clause 11.

Clause Agreed to.

Clause 12 Agreed to.

Lorely Burt

Not called  50

Clause  13,  page  7,  line  9,  at end add—

Public Bill Committee Proceedings: 17th June 2008
5

Regulatory Enforcement and Sanctions Bill-[ [], continued

‘(c)
regulatory activities should be carried out on the basis of a risk

assessment of the regulated person which should include their propensity

to comply with the regulation.’.

Clause Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not selected  26

Page  7,  line  10,  leave out Clause 14.

Clause Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Withdrawn  27

Clause  15,  page  7,  line  38,  leave out subsection (6).

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not called  28

Clause  15,  page  8,  line  1,  leave out subsection (7).

Clause Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not called  29

Clause  16,  page  8,  line  25,  leave out subsection (6).

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not called  30

Clause  16,  page  8,  line  28,  leave out subsection (7).

Clause Agreed to.

Public Bill Committee Proceedings: 17th June 2008
6

Regulatory Enforcement and Sanctions Bill-[ [], continued

Clauses 17 to 21 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Not selected  15

Clause  22,  page  11,  line  12,  leave out ‘two or more local authorities’ and insert

‘one local authority’.

Clause Agreed to.

Clauses 23 to 25 Agreed to.

Sarah Teather

Lorely Burt

Not selected  59

Clause  26,  page  12,  line  26,  leave out from ‘nomination,’ to end of line 30.

Mr Mark Prisk

Mr Jonathan Djanogly

Withdrawn  16

Clause  26,  page  13,  line  3,  at end insert—

‘(c)
the regulated person gives 3 months notice that it wishes to terminate the

nomination’.

Clause Agreed to.

Clause 27 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Withdrawn  12

Clause  28,  page  13,  line  24,  leave out from ‘is’ to ‘it’ in line 25 and insert

‘inappropriate and that compliance could be secured by an alternative enforcement

action’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  13

Clause  28,  page  13,  line  26,  after second ‘the’, insert ‘originally proposed’.

Mr Mark Prisk

Mr Jonathan Djanogly

Not called  14

Clause  28,  page  13,  line  27,  at end insert ‘and to take the alternative enforcement

Public Bill Committee Proceedings: 17th June 2008
7

Regulatory Enforcement and Sanctions Bill-[ [], continued

action mentioned above’.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not called  31

Clause  28,  page  14,  line  13,  leave out paragraph (b).

Sarah Teather

Lorely Burt

Not selected  57

Page  13,  line  18,  leave out Clause 28.

Clause Agreed to.

Schedule 4 Agreed to.

Sarah Teather

Lorely Burt

Not selected  58

Page  14,  line  23,  leave out Clause 29.

Clause Agreed to.

Sarah Teather

Lorely Burt

Not selected  60

Page  14,  line  38,  leave out Clause 30.

Clause Agreed to.

Clause 31 Agreed to.

Mr Mark Prisk

Mr Jonathan Djanogly

Mr John Baron

Not selected  32

Page  15,  line  29,  leave out Clause 32.

Clause Agreed to.

Clause 33 Agreed to.