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| | | Transfer of generating station consent powers to Welsh Ministers |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must make regulations to transfer to the Welsh Ministers |
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| | | those functions of the Infrastructure Planning Commission and the Marine |
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| | | Management Organisation which relate to applications for an order granting |
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| | | development consent for the construction or extension of generating stations in |
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| | | Wales or in waters in or adjacent to Wales up to the seaward limits of the |
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| | | (2) | Regulations made under subsection (1) must be laid within 12 months of the |
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| | | passing of this Act and are subject to the negative resolution procedure.’. |
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| | Page 5, line 32 [Clause 7], at end insert ‘subject to the exceptions specified in |
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| | section 5 subsection 6A’. |
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| | Page 4, line 22 [Clause 5], at end insert— |
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| | | ‘(6A) | The power under subsection (1) or (2) may not be exercised to amend, repeal, |
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| | | (a) | this Part of this Act, or |
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| | | (b) | Public Libraries and Museums Act 1964 section 7 or section 13, or |
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| | | (c) | Small Holdings and Allotments Act 1908 section 23, or |
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| | | (d) | Children Act 1989 Part 3 and Schedule 2, or |
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| | | (e) | Childcare Act 2006, Parts 1 and 2, or |
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| | | (f) | Child Poverty Act 2010 Part 2, or |
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| | | (g) | Equality Act 2010, section 88, or |
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| | | (h) | Equality Act 2010, section 149, or |
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| | | (i) | Care Standards Act 2000, or |
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| | | (j) | Chronically Sick and Disabled Persons Act 1970 section 21, or |
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| | | (k) | Transport Act 2000 section 145A, or |
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| | | (l) | Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) |
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| | | (England) Regulations 2000, or |
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| | | (m) | Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) |
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| | | (n) | Disabled Persons (Badges for Motor Vehicles) (England) (Amendment |
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| | | No. 2) Regulations 2007, or |
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| | | (o) | Carers and Disabled Children Act 2000, or |
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| | | (p) | Carers (Recognition and Services) Act 1995, or |
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| | | (q) | Disabled Persons (Services, Consultation and Representation) Act 1986, |
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| | | (r) | Mental Health Act 1983 Part 8, or |
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| | | (s) | Community Care, Services for Carers and Children Services (Direct |
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| | | Payments) England Regulations 2009, or |
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| | | (t) | Public Health Act 1875, or |
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| | | (u) | Public Health Act 1936, or |
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| | | (w) | Countryside and Rights of Way Act 2000, or |
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| | | (x) | Natural Environment and Rural Communities Act 2006 section 40, or |
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| | | (y) | Wildlife and Countryside Act 1981 section 25 or section 28E, or |
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| | | (z) | Environment Act 1995 Part 4, or |
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| | | (aa) | Dangerous Wild Animals Act 1976, or |
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| | | (ab) | Prevention of Damage by Pests Act 1949, or |
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| | | (ac) | Hedgerow Regulations 1997, or |
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| | | (ad) | Planning (Listed Building and Conservation Areas) Act 1990 section 66 |
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| | | (ae) | Ancient Monument and Archaeological Areas Act 1979 sections 12 and |
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| | | (af) | National Parks and Access to the Countryside Act 1949, or |
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| | | (ag) | Animal Welfare Act 2006 section 30, or |
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| | | (ah) | Zoo Licensing Act 1981, or |
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| | | (ai) | Marine and Coastal Access Act 2009 Part 6, or |
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| | | (aj) | Flood and Water Management Act 2010 Schedule 3, or |
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| | | (ak) | Working Time Regulations 1998 Regulation 28, or |
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| | | (al) | Education Act 1996 section 15ZA, or |
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| | | (am) | Food Safety Act 1990 Parts 1, 2 and 3, or |
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| | | (an) | Freedom of Information Act 2000, or |
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| | | (ao) | Housing Grants, Construction and Regeneration Act 1996 section 1, or |
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| | | (ap) | Housing Act 1996 Part 7, or |
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| | | (aq) | Homelessness Act 2002, or |
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| | | (ar) | Housing Act 2004 Part 2, or |
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| | | (as) | Local Government Act 1972 Part VA, section 99 or section 148, or |
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| | | (at) | Local Government Act 2000 Part 3 section 21 or section 37, or |
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| | | (au) | Children and Young Persons Act 1969 Part 1, or |
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| | | (av) | Adoption and Children Act 2002.’. |
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| | Page 205 [Schedule 2], leave out lines 29 to 31. |
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| | Page 209 [Schedule 2], leave out lines 3 to 25. |
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| | Page 209 [Schedule 2], leave out lines 26 to 47. |
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| | Page 211, line 18 [Schedule 2], leave out from beginning to end of line 31 on page |
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| | Page 193, line 27 [Schedule 2], leave out from beginning to end of line 39 on page |
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| | Page 198 [Schedule 2], leave out lines 4 to 25. |
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| | | Limits on power under section 5(1) |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may not make provision under section 5(1) unless the |
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| | | Secretary of State considers that the conditions in subsection (2), where relevant, |
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| | | are satisfied in relation to that provision. |
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| | | (2) | Those conditions are that— |
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| | | (a) | the effect of the provision is proportionate to the policy objective |
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| | | intended to be secured by the provision; |
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| | | (b) | the provision, taken as a whole, strikes a fair balance between the public |
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| | | interest and the interests of any person adversely affected by it; |
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| | | (c) | the provision does not remove any necessary protection; |
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| | | (d) | the provision does not prevent any person from continuing to exercise |
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| | | any right or freedom which that person might reasonably expect to |
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| | | (e) | the provision is not of constitutional significance. |
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| | | (3) | An order under section 5(1) may not make provision for the delegation or transfer |
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| | | of any function of legislating. |
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| | | (4) | For the purposes of subsection (3) a “function of legislating” is a function of |
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| | | legislating by order, rules, regulations or other subordinate instrument. |
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| | | (5) | An order under section 5(1) may not make provision to abolish or vary any tax.’. |
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| | Page 4, line 24 [Clause 5], leave out from ‘must’ to ‘consult’. |
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| | Page 4, line 28 [Clause 5], at end insert— |
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| | | ‘(8) | Before making an order under subsection (1) that has effect in relation to Wales, |
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| | | the Secretary of State must consult the Welsh Ministers.’. |
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| | Page 4, line 30 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 4, line 33 [Clause 6], leave out from ‘must’ to ‘undertake’ in line 34. |
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| | Page 4, line 36 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 4, line 42 [Clause 6], at end insert— |
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| | | ‘(ai) | the Secretary of State’s reasons for considering that the |
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| | | conditions in section [Limits on power under section 5(1)](2), |
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| | | where relevant, are satisfied in relation to the proposals,’. |
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| | Page 4, line 43 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 5, line 41 [Clause 8], leave out ‘in England’. |
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| | Page 6, line 17 [Clause 8], leave out ‘in England’. |
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| | Page 7, line 9 [Clause 8], at end insert— |
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| | | ‘“Act” (except in a reference to the Localism Act 2011) includes an Act, or |
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| | | Measure, of the National Assembly for Wales; |
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| | | “passed” in relation to an Act, or Measure, of the National Assembly for |
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| | Page 7, line 36 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 39 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 41 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 43 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 46 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 8, line 1 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 8, line 10 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | national authority proposing to make the order’. |
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| | Page 8, line 11 [Clause 8], leave out from ‘must’ to ‘consult’ in line 12. |
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| | Page 8, line 16 [Clause 8], leave out ‘the Secretary of State’ and insert ‘that |
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| | appropriate national authority’. |
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| | Page 8, line 16 [Clause 8], at end insert— |
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| | | ‘(6A) | Subsection (6) does not apply to an order under subsection (3) or (4) which is |
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| | | made only for the purpose of amending an earlier such order— |
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| | | (a) | so as to extend the earlier order, or any provision of the earlier order, to |
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| | | a particular authority or to authorities of a particular description, or |
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| | | (b) | so that the earlier order, or any provision of the earlier order, ceases to |
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| | | apply to a particular authority or to authorities of a particular description. |
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| | | (6B) | The appropriate national authority’s power under subsection (1) or (2) is |
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| | | exercisable by the Welsh Ministers so far as it is power to make provision that— |
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| | | (a) | would be within the legislative competence of the National Assembly for |
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| | | Wales if it were contained in an Act of the Assembly, and |
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| | | (b) | does not relate to a fire and rescue authority for an area in England. |
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| | | (6C) | The appropriate national authority’s power under subsection (1) or (2) is |
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| | | exercisable by the Secretary of State so far as it is not exercisable by the Welsh |
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| | | (6D) | The appropriate national authority’s power under subsection (3) or (4) is |
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| | | (a) | in relation to England by the Secretary of State, and |
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| | | (b) | in relation to Wales by the Welsh Ministers. |
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| | | (6E) | In exercising power under subsection (1) or (2), the Secretary of State may make |
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| | | provision which has effect in relation to Wales only after having consulted the |
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| | | (6F) | The Welsh Ministers may submit to the Secretary of State proposals that power |
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| | | of the Secretary of State under subsection (1) or (2) in relation to Wales should |
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| | | be exercised in accordance with the proposals. |
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| | | (6G) | In subsections (1) and (2) “statutory provision” means a provision of— |
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| | | (b) | an instrument made under an Act, |
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| | | | and in this subsection “Act” includes an Act, or Measure, of the National |
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| | Page 8, line 18 [Clause 8], at end insert— |
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| | | ‘5CA | Limits on power under section 5C(1) |
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| | | (1) | Provision may not be made under section 5C(1) unless the appropriate |
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| | | national authority making the provision considers that the conditions in |
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| | | subsection (2), where relevant, are satisfied in relation to that provision. |
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| | | (2) | Those conditions are that— |
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| | | (a) | the effect of the provision is proportionate to the policy objective |
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| | | intended to be secured by the provision; |
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| | | (b) | the provision, taken as a whole, strikes a fair balance between the |
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| | | public interest and the interests of any person adversely affected |
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| | | (c) | the provision does not remove any necessary protection; |
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| | | (d) | the provision does not prevent any person from continuing to |
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| | | exercise any right or freedom which that person might |
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| | | reasonably expect to continue to exercise; |
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| | | (e) | the provision is not of constitutional significance. |
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| | | (3) | An order under section 5C(1) may not make provision for the delegation |
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| | | or transfer of any function of legislating. |
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| | | (4) | For the purposes of subsection (3) a “function of legislating” is a function |
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| | | of legislating by order, rules, regulations or other subordinate instrument. |
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| | | (5) | An order under section 5C(1) may not make provision to abolish or vary |
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| | Page 8, line 19 [Clause 8], leave out ‘orders under section 5C’ and insert ‘Secretary |
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| | of State’s orders under section 5C(1) and (2)’. |
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| | Page 8, line 20 [Clause 8], after ‘5C(6)’, insert ‘and (6E)’. |
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| | Page 8, line 21 [Clause 8], after ‘order’, insert ‘of the Secretary of State’. |
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| | Page 8, line 23 [Clause 8], leave out from ‘must’ to ‘undertake’ in line 24. |
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| | Page 8, line 27 [Clause 8], after ‘5C(6)’, insert ‘and (6E)’. |
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| | Page 8, line 33 [Clause 8], at end insert— |
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| | | ‘(ai) | the Secretary of State’s reasons for considering that the |
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| | | conditions in section 5CA(2), where relevant, are satisfied in |
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| | | relation to the proposals,’. |
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| | Page 8, line 34 [Clause 8], after ‘5C(6)’, insert ‘and (6E)’. |
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| | Page 9, line 1 [Clause 8], after ‘Provision’, insert ‘proposed to be made by the |
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| | Page 9, line 4 [Clause 8], leave out ‘5C(5)’ and insert ‘5C(6) and (6E)’. |
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| | Page 9 [Clause 8], leave out lines 6 to 14. |
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| | Page 9, line 14 [Clause 8], at end insert— |
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| | | ‘5E | Procedure for Welsh Ministers’ orders under section 5C(1) and (2) |
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| | | (1) | If, as a result of any consultation required by section 5C(6) with respect |
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| | | to a proposed order of the Welsh Ministers under section 5C(1), it |
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