Session 2010 - 12
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1

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 25 November 2011

 

Public Bill Committee


 

Daylight Saving Bill

 

Rebecca Harris

 

Mr Edward Davey

 

1

 

Page  1,  line  1,  leave out Clause 1.

 

Rebecca Harris

 

Mr Edward Davey

 

2

 

Page  1,  line  15,  leave out Clause 2.

 

Rebecca Harris

 

Mr Edward Davey

 

3

 

Page  2,  line  8,  leave out Clause 3.

 

Rebecca Harris

 

Mr Edward Davey

 

4

 

Page  2,  line  27,  leave out Clause 4.

 

Rebecca Harris

 

Mr Edward Davey

 

5

 

Clause  5,  page  2,  line  33,  leave out ‘the Secretary of State,’.

 

Report to be prepared on advancing time

 

Rebecca Harris

 

Mr Edward Davey

 

NC1

 

To move the following Clause:—


 
 

Notices of Amendments: 25 November 2011                  

2

 

Daylight Saving Bill, continued

 
 

‘(1)    

The Secretary of State must prepare a report on the potential costs and benefits of

 

advancing the time for general purposes in the United Kingdom by one hour.

 

(2)    

In preparing the report the Secretary of State must have regard to the different

 

interests of persons in England, Wales, Scotland and Northern Ireland.

 

(3)    

In this Act “the report” means the report required to be prepared under this

 

section.’.

 

Independent Oversight Group

 

Rebecca Harris

 

Mr Edward Davey

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must appoint a group (to be known as the Independent

 

Oversight Group) to advise the Secretary of State on the preparation of the report.

 

(2)    

A member of the group holds and vacates office in accordance with the terms of

 

his or her appointment (which may include provision about resignation or

 

removal from office).

 

(3)    

The Secretary of State may—

 

(a)    

defray expenses of members of the group;

 

(b)    

make facilities available to members of the group.

 

(4)    

The group must act within any terms of reference given to it in writing by the

 

Secretary of State.

 

(5)    

Such terms of reference may, in particular, include terms about—

 

(a)    

particular matters on which the group should establish the facts or give

 

advice, or

 

(b)    

the timing of advice to be given by the group.’.

 

Publication of the report

 

Rebecca Harris

 

Mr Edward Davey

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must publish the report before the end of the period of 12

 

months beginning with the day on which this Act is passed.

 

(2)    

But if, before the end of that period, the Independent Oversight Group

 

recommends to the Secretary of State that a longer time be allowed for

 

publication—

 

(a)    

subsection (1) does not apply, and

 

(b)    

instead, the report must be published before the end of the period of 18

 

months beginning with the day on which this Act is passed.

 

(3)    

The Secretary of State must send a copy of the report as published to each

 

appropriate national authority.’.


 
 

Notices of Amendments: 25 November 2011                  

3

 

Daylight Saving Bill, continued

 
 

Power to advance time by one hour for trial period

 

Rebecca Harris

 

Mr Edward Davey

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order make provision for advancing the time for

 

general purposes in the United Kingdom by one hour.

 

(2)    

An order under subsection (1) is referred to in this Act as a “daylight saving

 

order”.

 

(3)    

A daylight saving order may not be made unless a draft of the statutory instrument

 

containing it—

 

(a)    

has been laid before Parliament during the period of 12 months beginning

 

with the day on which the report is published, and

 

(b)    

has been approved by a resolution of each House of Parliament.

 

(4)    

Before making a daylight saving order the Secretary of State—

 

(a)    

must obtain the agreement of the Office of the First Minister and deputy

 

First Minister in Northern Ireland, and

 

(b)    

must consult the Scottish Ministers and the Welsh Ministers.

 

(5)    

The power to make a daylight saving order does not include power to make

 

provision for advancing time—

 

(a)    

for only part of the year, or

 

(b)    

for only part of the United Kingdom.

 

(6)    

A daylight saving order expires at the end of the trial period (see section [The trial

 

period]).

 

(7)    

Subsection (6) is subject to any order under—

 

(a)    

section [Power to abandon trial] (order abandoning trial), or

 

(b)    

section [Power to advance time by one hour permanently] (order

 

advancing time by one hour permanently).

 

(8)    

A daylight saving order—

 

(a)    

may amend a relevant enactment, and

 

(b)    

may make consequential, transitional, transitory or saving provision.’.

 

The trial period

 

Rebecca Harris

 

Mr Edward Davey

 

NC5

 

To move the following Clause:—

 

‘(1)    

In this Act “the trial period” means the period—

 

(a)    

beginning at the specified relevant time in the specified year, and

 

(b)    

ending at the same relevant time three years later.

 

(2)    

For the purposes of this Act the following are relevant times—

 

(a)    

one o’clock, Greenwich mean time, in the morning of the last Sunday in

 

March;

 

(b)    

one o’clock, Greenwich mean time, in the morning of the last Sunday in

 

October.

 

(3)    

In this section “specified” means specified in the daylight saving order.’.


 
 

Notices of Amendments: 25 November 2011                  

4

 

Daylight Saving Bill, continued

 
 

Duty to monitor effect of order

 

Rebecca Harris

 

Mr Edward Davey

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must monitor the effect of a daylight saving order

 

throughout the period—

 

(a)    

beginning with the time at which the order is made, and

 

(b)    

ending with the time at which the Secretary of State complies with

 

section [The end of the trial](1) (end of trial).

 

(2)    

The Secretary of State must notify each of the appropriate national authorities of

 

any conclusions reached by the Secretary of State pursuant to subsection (1).

 

(3)    

The reference in subsection (1) to the effect of a daylight saving order includes

 

any effect of the order having been made.’.

 

Power to revoke order

 

Rebecca Harris

 

Mr Edward Davey

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order revoke a daylight saving order.

 

(2)    

No order under this section may be made after the day on which the trial period

 

begins.

 

(3)    

Before making an order under this section the Secretary of State must consult

 

each of the appropriate national authorities.

 

(4)    

An order under this section is subject to affirmative resolution procedure.’.

 

Power to increase length of trial period

 

Rebecca Harris

 

Mr Edward Davey

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order amend section [The trial period](1)(b) (end

 

of trial period) so as to substitute a later relevant time for that for the time being

 

specified in that provision.

 

(2)    

No order under this section may be made—

 

(a)    

before the day on which the report is published, or

 

(b)    

once a daylight saving order has been made, after the day six months

 

before that on which the trial period would otherwise end.

 

(3)    

Before making an order under this section the Secretary of State must consult

 

each of the appropriate national authorities.

 

(4)    

An order under this section is subject to affirmative resolution procedure.’.


 
 

Notices of Amendments: 25 November 2011                  

5

 

Daylight Saving Bill, continued

 
 

The end of the trial

 

Rebecca Harris

 

Mr Edward Davey

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must, during the trial period, do one of the following—

 

(a)    

make an order under section [Power to abandon trial] (order abandoning

 

trial);

 

(b)    

make an order under section [Power to advance time by one hour

 

permanently] (order advancing time by one hour permanently);

 

(c)    

publish a notice that no order of the kind mentioned in paragraph (a) or

 

(b) is to be made.

 

(2)    

Where the Secretary of State publishes a notice under subsection (1)(c), the

 

Secretary of State may by order make consequential, transitional, transitory or

 

saving provision (including provision amending a relevant enactment) in relation

 

to the expiry of the daylight saving order.

 

(3)    

An order under subsection (2) is subject to negative resolution procedure.’.

 

Power to abandon trial

 

Rebecca Harris

 

Mr Edward Davey

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may, after the trial period has begun, by order make

 

provision for the order to expire at a relevant time that falls on a day before that

 

on which the trial period ends.

 

(2)    

Before making an order under this section the Secretary of State must consult

 

each of the appropriate national authorities.

 

(3)    

An order under this section may make consequential, transitional, transitory or

 

saving provision (including provision amending a relevant enactment) in relation

 

to the expiry of the daylight saving order.

 

(4)    

An order under this section is subject to affirmative resolution procedure.’.

 

Power to advance time by one hour permanently

 

Rebecca Harris

 

Mr Edward Davey

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may, at any time during the trial period, by order make

 

provision for the daylight saving order to have effect permanently.

 

(2)    

Before making an order under this section the Secretary of State—

 

(a)    

must obtain the agreement of the Office of the First Minister and deputy

 

First Minister in Northern Ireland, and

 

(b)    

must consult the Scottish Ministers and the Welsh Ministers.

 

(3)    

An order under this section—

 

(a)    

may amend a relevant enactment, and


 
 

Notices of Amendments: 25 November 2011                  

6

 

Daylight Saving Bill, continued

 
 

(b)    

may make consequential, transitional, transitory or saving provision.

 

(4)    

An order under this section is subject to affirmative resolution procedure.’.

 

Interpretation etc

 

Rebecca Harris

 

Mr Edward Davey

 

NC12

 

To move the following Clause:—

 

‘(1)    

References in this Act to advancing the time for general purposes in the United

 

Kingdom by one hour are to making the time for general purposes in the United

 

Kingdom—

 

(a)    

during the period of summer time (within the meaning of the Summer

 

Time Act 1972), two hours in advance of Greenwich mean time, and

 

(b)    

at any other time, one hour in advance of Greenwich mean time.

 

(2)    

In this Act “appropriate national authority” means—

 

(a)    

the Scottish Ministers,

 

(b)    

the Welsh Ministers, or

 

(c)    

the Office of the First Minister and deputy First Minister in Northern

 

Ireland.

 

(3)    

In this Act “relevant enactment” means—

 

(a)    

the Summer Time Act 1972,

 

(b)    

the Interpretation Act 1978,

 

(c)    

the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 12),

 

(d)    

the Scotland Act 1998 (Transitory and Transitional Provisions)

 

(Publication and Interpretation etc of Acts of the Scottish Parliament)

 

Order 1999 (S.I. 1999/1379) (as it continues to have effect by virtue of

 

section 55(2) of the Interpretation and Legislative Reform (Scotland) Act

 

2010),

 

(e)    

the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)), or

 

(f)    

any other enactment about—

 

(i)    

the time for general purposes in the United Kingdom or any part

 

of the United Kingdom, or

 

(ii)    

the interpretation of references to the time.

 

(4)    

For the purposes of this section “enactment” includes—

 

(a)    

an enactment contained in subordinate legislation (within the meaning of

 

the Interpretation Act 1978),

 

(b)    

an enactment contained in, or in an instrument made under, an Act of the

 

Scottish Parliament,

 

(c)    

an enactment contained in, or in an instrument made under, Northern

 

Ireland legislation, and

 

(d)    

an enactment contained in, or in an instrument made under, a Measure or

 

Act of the National Assembly for Wales.

 

(5)    

Orders under this Act are to be made by statutory instrument.

 

(6)    

Where an order under this Act is subject to “affirmative resolution procedure” the

 

order may not be made unless a draft of the statutory instrument containing it has

 

been laid before and approved by a resolution of each House of Parliament.

 

(7)    

Where an order under this Act is subject to “negative resolution procedure” the

 

statutory instrument containing it is subject to annulment in pursuance of a

 

resolution of either House of Parliament.


 
 

Notices of Amendments: 25 November 2011                  

7

 

Daylight Saving Bill, continued

 
 

(8)    

A duty under this Act to publish a document may be complied with by publishing

 

it on an internet site.’.

 

Rebecca Harris

 

Mr Edward Davey

 

6

 

Title,  line  1,  leave out from ‘to’ to ‘and’ in line 4 and insert ‘prepare and publish a report

 

on advancing the time for general purposes by one hour; to confer power on the Secretary

 

of State to advance the time for general purposes by one hour for a trial period and then

 

permanently;’.

 


 
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Revised 28 November 2011