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Legislative and Regulatory Reform Bill


Legislative and Regulatory Reform Bill
Part 1 — Order-making powers

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(b)   

a statement giving details of—

(i)   

any representations made under subsection (2)(a); and

(ii)   

the revisions proposed.

(9)   

The Minister may after laying a revised draft order and statement under

subsection (8) make an order in the terms of the revised draft if it is approved

5

by a resolution of each House of Parliament.

(10)   

However, a committee of either House charged with reporting on the revised

draft order may, at any time after the revised draft order is laid under

subsection (8) and before it is approved by that House under subsection (9),

recommend under this subsection that no further proceedings be taken in

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relation to the revised draft order.

(11)   

A recommendation under subsection (10) may be made only if the committee

considers that—

(a)   

the provision made by the revised draft order does not serve the

purpose specified in section 1(2), 2(2) or 3(2) (as the case may be);

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(b)   

any relevant condition in section 4(2) is not satisfied in relation to any

provision of the revised draft order referred to in section 4(1); or

(c)   

the condition in section 4(5) is not satisfied in relation to any provision

of the revised draft order referred to in section 4(4).

(12)   

Where a recommendation is made by a committee of either House under

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subsection (10) in relation to a revised draft order, no proceedings may be

taken in relation to the revised draft order in that House under subsection (9)

unless the recommendation is, in the same Session, rejected by resolution of

that House.

(13)   

For the purposes of subsections (4) and (9) an order is made in the terms of a

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draft order if it contains no material changes to the provisions of the draft

order.

(14)   

In this section the “60-day period” means the period of 60 days beginning with

the day on which the draft order was laid before Parliament under section 15.

General

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20      

Calculation of time periods

In calculating any period of days for the purposes of sections 16 to 19, no

account shall be taken of any time during which Parliament is dissolved or

prorogued or during which either House is adjourned for more than four days.

21      

Combination with powers under European Communities Act 1972

35

(1)   

The power to make an order under this Part may be exercised together with,

and by the same instrument as, the power to make an order under section 2(2)

of the European Communities Act 1972 (c. 68).

(2)   

Where the powers referred to in subsection (1) are so exercised—

(a)   

sections 13(2) to 19 above apply to the order under section 2(2) of the

40

European Communities Act 1972 as to the order under this Part; and

(b)   

paragraph 2(2) of Schedule 2 to the European Communities Act 1972

does not apply.

 
 

Legislative and Regulatory Reform Bill
Part 2 — Regulators

13

 

22      

Interpretation of Part 1

In this Part—

to “legislate” means to legislate by order, rules, regulations or other

subordinate instrument;

“restate” means replace with alterations only of form or arrangement (and

5

for these purposes to remove an ambiguity is to make an alteration

other than one of form or arrangement);

“the United Kingdom Law Commissions” has the meaning given by

section 3(3).

Part 2

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Regulators

Exercise of regulatory functions

23      

Principles

(1)   

Any person exercising a regulatory function to which this section applies must

have regard to the principles in subsection (2) in the exercise of the function.

15

(2)   

Those principles are that—

(a)   

regulatory activities should be carried out in a way which is

transparent, accountable, proportionate and consistent;

(b)   

regulatory activities should be targeted only at cases in which action is

needed.

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(3)   

The duty in subsection (1) is subject to any other requirement affecting the

exercise of the regulatory function.

24      

Code of practice

(1)   

A Minister of the Crown may issue and from time to time revise a code of

practice in relation to the exercise of regulatory functions.

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(2)   

Any person exercising a regulatory function to which this section applies must,

except in a case where subsection (3) applies, have regard to the code in

determining any general policy or principles by reference to which the person

exercises the function.

(3)   

Any person exercising a regulatory function to which this section applies

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which is a function of setting standards or giving guidance generally in relation

to the exercise of other regulatory functions must have regard to the code in the

exercise of the function.

(4)   

The duties in subsections (2) and (3) are subject to any other requirement

affecting the exercise of the regulatory function.

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25      

Code of practice: procedure

(1)   

Where a Minister of the Crown proposes to issue or revise a code of practice

under section 24, he shall prepare a draft of the code (or revised code).

(2)   

The Minister shall, in preparing the draft, seek to secure that it is consistent

with the principles specified in section 23(2).

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Legislative and Regulatory Reform Bill
Part 2 — Regulators

14

 

(3)   

The Minister shall consult the following about the draft—

(a)   

persons appearing to him to be representative of persons exercising

regulatory functions;

(b)   

such other persons as he considers appropriate.

(4)   

If the Minister determines to proceed with the draft (either in its original form

5

or with modifications) he shall lay the draft before Parliament.

(5)   

Where the draft laid before Parliament under subsection (4) is approved by

resolution of each House of Parliament, the Minister may issue the code (or

revised code).

(6)   

A code (or revised code) issued under subsection (5) shall come into force on

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such date as the Minister may by order made by statutory instrument appoint.

Supplementary

26      

Functions to which sections 23 and 24 apply

(1)   

Sections 23 and 24 apply to regulatory functions specified under this section.

(2)   

A Minister of the Crown may by order in accordance with this section specify

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regulatory functions as functions to which sections 23 and 24 apply.

(3)   

A Minister may not under subsection (2) specify—

(a)   

a regulatory function so far as exercisable in Scotland, if or to the extent

that the function relates to matters which are not reserved matters;

(b)   

a regulatory function so far as exercisable in Northern Ireland, if or to

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the extent that the function relates to matters which are transferred

matters; or

(c)   

a regulatory function exercisable only in or as regards Wales.

(4)   

The Assembly may by order in accordance with this section specify regulatory

functions exercisable only in or as regards Wales as functions to which sections

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23 and 24 apply.

(5)   

An order under this section may not specify regulatory functions conferred on

or exercisable by any of the following—

(a)   

the Gas and Electricity Markets Authority;

(b)   

the Office of Communications;

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(c)   

the Office of Rail Regulation;

(d)   

the Postal Services Commission;

(e)   

the Water Services Regulation Authority.

(6)   

Before making an order under this section, the authority making the order

must consult the following—

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(a)   

any person (other than the authority) whose functions are to be

specified in the order;

(b)   

such other persons as the authority considers appropriate.

(7)   

An order under this section may make such consequential, supplementary,

incidental, or transitional provision (including provision amending any

40

enactment) as the authority making it considers appropriate; and may make

different provision for different purposes.

(8)   

An order under this section must be made by statutory instrument.

 
 

Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc

15

 

(9)   

A Minister of the Crown may not make a statutory instrument containing an

order under this section unless a draft has been laid before, and approved by

resolution of, each House of Parliament.

(10)   

In this section—

“reserved matter” and “Scotland” have the same meanings as in the

5

Scotland Act 1998 (c. 46);

“transferred matter” and “Northern Ireland” have the same meanings as

in the Northern Ireland Act 1998 (c. 47);

“Wales” has the same meaning as in the Government of Wales Act 1998

(c. 38).

10

Part 3

Legislation relating to the European Communities etc

Interpretation of legislation

27      

References to Community instruments

(1)   

In the Interpretation Act 1978 (c. 30), after section 20 insert—

15

“20A    

References to Community instruments

   

Where an Act passed after the commencement of this section refers to

a Community instrument that has been amended, extended or applied

by another such instrument, the reference, unless the contrary intention

appears, is a reference to that instrument as so amended, extended or

20

applied.”

(2)   

In that Act, in section 22(1) (application to Acts and Measures), after “passed

after the commencement of this Act” insert “(subject, in the case of section 20A,

to the provision made in that section)”.

(3)   

In that Act, in section 24 (application to Northern Ireland), after subsection (3)

25

insert—

“(3A)   

Section 20A applies to Northern Ireland legislation as it applies to

Acts.”

(4)   

In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication

and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/

30

1379), in Schedule 1 (statutory interpretation and operation) at the end insert—

“References to Community instruments

16         

Where an Act of the Scottish Parliament passed after the

commencement of this paragraph refers to a Community instrument

that has been amended, extended or applied by another such

35

instrument, the reference, unless the contrary intention appears, is a

reference to that instrument as so amended, extended or applied.”

28      

EEA agreement and EEA state

(1)   

In the Interpretation Act 1978, in Schedule 1 (defined expressions), after the

 
 

Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc

16

 

definition of “Crown Estate Commissioners” insert—

           

““EEA agreement” means the agreement on the European Economic

Area signed at Oporto on 2nd May 1992, together with the Protocol

adjusting that Agreement signed at Brussels on 17th March 1993, as

modified or supplemented from time to time. [The date of the

5

coming into force of this paragraph.]

           

“EEA state”, in relation to any time, means—

(a)   

a state which at that time is a member State; or

(b)   

any other state which at that time is a party to the EEA

agreement. [The date of the coming into force of this

10

paragraph.]”

(2)   

In that Act, in section 24 (application to Northern Ireland), in subsection (4),

after “The Corporation Tax Acts” insert—

“EEA agreement and EEA state;”.

(3)   

In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication

15

and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/

1379), in Schedule 2 (general definitions), after the definition of “Devolution

issue” insert—

           

““EEA agreement” means the agreement on the European Economic

Area signed at Oporto on 2nd May 1992, together with the Protocol

20

adjusting that Agreement signed at Brussels on 17th March 1993, as

from time to time modified or supplemented by or under the

Community Treaties.

           

“EEA state”, in relation to any time, means—

(a)   

a state which at that time is a member State; or

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(b)   

any other state which at that time is a party to the EEA

agreement.”

(4)   

The amendment made by subsection (3) does not have effect in relation to—

(a)   

an Act of the Scottish Parliament passed before the commencement of

this section; or

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(b)   

Scottish subordinate legislation (within the meaning of the Order

referred to in subsection (3)) made before the commencement of this

section.

Implementation of Community obligations etc

29      

Power to make orders, rules and schemes

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(1)   

In section 2 of the European Communities Act 1972 (c. 68) (general

implementation of Treaties)—

(a)   

in subsection (2), for “by regulations” substitute “by order, rules,

regulations or scheme”;

(b)   

in subsection (4), for “and regulations” substitute “or orders, rules,

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regulations or schemes”.

(2)   

In Schedule 2 to that Act (provisions as to subordinate legislation)—

(a)   

in paragraph 2, in sub-paragraphs (1) and (2), for “regulations”

substitute “any order, rules, regulations or scheme”;

 
 

Legislative and Regulatory Reform Bill
Part 3 — Legislation relating to the European Communities etc

17

 

(b)   

in paragraph 3, for “regulations”, wherever occurring, substitute

“order, rules, regulations or scheme”.

(3)   

In section 29 of the Government of Wales Act 1998 (c. 38) (implementation of

Community law) in subsections (2) and (3), for “regulations”, wherever

occurring, substitute “any order, rules, regulations or scheme”.

5

(4)   

In Schedule 8 to the Scotland Act 1998 (c. 46), in paragraph 15(3), for

“regulations” substitute “any order, rules, regulations or scheme”.

(5)   

Where any enactment passed, or subordinate legislation made, before the

coming into force of this section refers to regulations under subsection (2) of

section 2 of the European Communities Act 1972 (c. 68), a Minister of the

10

Crown may by order or regulations amend the enactment or subordinate

legislation so that it includes a reference to any order, rules or scheme under

that subsection.

(6)   

The powers of a Minister of the Crown under subsection (5)—

(a)   

so far as exercisable in relation to a matter the exercise of functions in

15

respect of which is within devolved competence (within the meaning of

the Scotland Act 1998), shall also be exercisable by the Scottish

Ministers;

(b)   

so far as exercisable in relation to a transferred matter (within the

meaning of the Northern Ireland Act 1998 (c. 47)), shall also be

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exercisable by a Northern Ireland department;

(c)   

so far as exercisable in relation to a matter in respect of which functions

are exercisable by the Assembly, shall also be exercisable by the

Assembly.

(7)   

The power under subsection (5) to make an order or regulations—

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(a)   

so far as exercisable by a Minister of the Crown, the Scottish Ministers

or the National Assembly for Wales, shall be exercisable by statutory

instrument;

(b)   

so far as exercisable by a Northern Ireland department, shall be

exercisable by statutory rule for the purposes of the Statutory Rules

30

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8)   

A statutory instrument or statutory rule containing an order or regulations

under subsection (5)—

(a)   

if made by a Minister of the Crown, shall be subject to annulment in

pursuance of a resolution of either House of Parliament;

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(b)   

if made by the Scottish Ministers, shall be subject to annulment in

pursuance of a resolution of the Scottish Parliament; and

(c)   

if made by a Northern Ireland department, shall be subject to negative

resolution, within the meaning of the Interpretation Act (Northern

Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument

40

within the meaning of that Act.

(9)   

In subsection (5)—

(a)   

“enactment” includes Acts of the Scottish Parliament and Northern

Ireland legislation;

(b)   

“subordinate legislation” means any Order in Council, order, rules,

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regulations, scheme, warrant, byelaws or other instrument made under

any Act, Act of the Scottish Parliament or Northern Ireland legislation.

 
 

 
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