Legislative and Regulatory Reform Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 14th March 2006, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD KINGSLAND
THE LORD GOODHART |
| 29 | Insert the following new Clause— |
| | "Section 1 orders: report to Parliament |
| | A Minister of the Crown shall annually lay a report before Parliament detailing, for each government department that made an order under section 1 in that year— |
| (a) | what burdens have been removed, |
| (b) | what burdens have been simplified, |
| (c) | what burdens have been imposed, and |
| (d) | what the impact of each order has been." |
| | THE LORD WADDINGTON
THE LORD STODDART OF SWINDON
THE LORD PEARSON OF RANNOCH
THE LORD WILLOUGHBY DE BROKE |
| 30 | Insert the following new Clause— |
| | "Disapplication of European Communities Act 1972 |
| (1) | An order made under Part 1 containing provision relating to Community Treaties, Community instruments or Community obligations shall, notwithstanding the European Communities Act 1972 (c. 68), be binding in any legal proceedings in the United Kingdom. |
| | "Community instruments" and "Community obligations" have the same meaning as in Part 2 of Schedule 1 to the European Communities Act 1972; |
| | "Community Treaties" has the same meaning as in section 1(2) of the European Communities Act 1972." |
| | THE BARONESS WILCOX
THE LORD HOWARD OF RISING |
| 31 | Insert the following new Clause— |
| | "Duty to reduce regulation |
| (1) | A Secretary of State must publish annually a list of all regulations for which his department is responsible which lay a burden on any activity, service, body, voluntary group or business, and at the same time publish an estimate of the total compliance cost of each such regulation and of the average time taken by each person affected by the burden to comply with each regulation. |
| (2) | The Secretary of State shall have a duty to reduce by 10 per cent the number of regulations established under legislation for which his department is responsible within two years of the coming into force of this Act. |
| (3) | At the end of the period of two years after the coming into force of this Act, the Secretary of State shall lay a report before each House of Parliament detailing his proposals to reduce by a further 10 per cent the number of regulations established under legislation for which his department is responsible and the timetable by which he expects to achieve that target." |
| 32 | Insert the following new Clause— |
| | "Removal of regulations without full compliance assessment |
| | If a Minister of the Crown is unable to estimate the average burden in time or cost imposed on persons or businesses affected by a regulation he has introduced, he shall make an order to remove or reduce that regulation." |
| 33 | Insert the following new Clause— |
| | "Duty to exempt small businesses from regulation |
| (1) | Where an order made under section 1 has as its purpose the reduction (as opposed to the removal) of any burden, or overall burdens, the Minister of the Crown must consider whether a total exemption for small businesses from a such burden or burdens is appropriate. |
| (2) | If the Minister does not consider such exemption appropriate, he must submit a report to Parliament at the same time as the draft order is laid before Parliament explaining the reasons why he has come to this conclusion. |
| (3) | For the purpose of this section "small businesses" refers to businesses that fall within the criteria of a small group as set out in section 249(3) of the Companies Act 1985 (c. 6) (qualification of group as small or medium-sized)." |
| | THE BARONESS WILCOX
THE LORD HOWARD OF RISING |
| 33A | Page 2, line 34, leave out "may" and insert "must" |
| 33B* | Page 2, line 35, after "which" insert "implements any recommendation of the Better Regulation Commission or" |
| 33C* | Page 2, line 36, after "is" insert "resisting and limiting new or excessive regulation, advancing deregulation and" |
| 33D* | Page 2, line 37, at end insert— |
| "( ) | Regulatory activity must respect the principle that in a free society individuals should be allowed to— |
| (a) | take reasonable risks in their own homes and with their own possessions; |
| (b) | exchange goods and services; |
| (c) | reach agreements; and |
| (d) | enter into private contracts as they so judge without interference by the state." |
| 33E* | Page 2, line 38, at end insert— |
| "( ) | no regulatory activity should be undertaken if it is possible to achieve the main purposes of the proposed regulation by means of information or advice enabling the public to undertake informed choice; |
| ( ) | existing regulation should be replaced wherever possible by information or advice enabling the public to undertake informed choice;" |
| 33F* | Page 2, line 39, after "which" insert "minimises interference with the traditional products and traditional way of life of the British people and the different regions of the United Kingdom" |
| 33G* | Page 2, line 40, after "proportionate" insert "to risk and cost" |
| | THE LORD PEYTON OF YEOVIL
THE BARONESS WILCOX |
| 34 | Page 2, line 40, at end insert "and fair" |
| | THE BARONESS WILCOX
THE LORD HOWARD OF RISING |
| 34A* | Page 2, line 40, at end insert ", insofar as consistency can be achieved without imposing harmonisation and unreasonably eliminating anomalies and diversity of practice that have arisen with the passage of time" |
| 35 | Page 2, line 41, at end insert "most" |
| 35A* | Page 2, leave out line 42 and insert "essential, and where the failure to act would present a significant risk to public welfare or damage to the public good" |
| 35B* | Page 3, line 2, at end insert "provided that the modification does not result in any increase in the cost or burden of such regulation to individuals, services or businesses" |
| | THE LORD BASSAM OF BRIGHTON |
| 36 | Page 3, line 5, leave out "transfer or" |
| 37 | Page 3, line 7, leave out paragraphs (d) and (e) |
| 38 | Page 3, line 11, at end insert— |
| "(4A) | The provision referred to in subsection (4)(c) includes provision— |
| (a) | to create a new body to which, or a new office to the holder of which, regulatory functions are transferred; |
| (b) | to abolish a body from which, or office from the holder of which, regulatory functions are transferred. |
| (4B) | The provision that may be made under subsection (1) does not include provision conferring any new regulatory function or abolishing any regulatory function." |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 39 | Page 3, line 14, leave out "the Minister making it considers appropriate" and insert "is reasonably required" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD NORTON OF LOUTH |
| 40 | Page 3, line 20, leave out "he considers" |
| | THE LORD JENKIN OF RODING
THE BARONESS CARNEGY OF LOUR |
| 41 | Page 3, line 21, after first "of" insert "any non-controversial" |
| 42 | Page 3, line 22, leave out "with or" |
| | THE LORD JENKIN OF RODING
THE BARONESS CARNEGY OF LOUR |
| 43 | Page 3, line 22, leave out ", with or without changes" |
| | THE LORD NORTON OF LOUTH
THE LORD PEYTON OF YEOVIL |
| 44 | Page 3, line 29, leave out paragraph (a) |
| 45 | Page 3, line 31, leave out "functions of legislating or" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 46 | Page 3, line 42, leave out "the Minister making it considers appropriate" and insert "is reasonably required" |
| 47 | Page 3, line 44, at end insert— |
| "( ) | A draft order laid before Parliament under this section shall be subject to the super-affirmative resolution procedure under section 19." |
| | THE BARONESS WILCOX
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD NORTON OF LOUTH
THE LORD BASSAM OF BRIGHTON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HOWARD OF RISING |
| 47A | Insert the following new Clause— |
| | "Exemption of economic regulators |
| | An order under this Part may not abolish or modify the regulatory functions conferred on, or exercisable by, any of the following— |
| (a) | the Gas and Electricity Markets Authority; |
| (b) | the Office of Communications; |
| (c) | The Office of Rail Regulation; |
| (d) | the Postal Services Commission; |
| (e) | the Water Services Regulation Authority." |
| | THE LORD BASSAM OF BRIGHTON |
| 48 | Page 4, line 4, leave out ", 2(1) or 3(1)" and insert "or 2(1), other than provision which merely restates an enactment," |
| | THE LORD LLOYD OF BERWICK |
| 49 | Page 4, line 4, leave out ", 2(1) or 3(1)" and insert "or 2(1)" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 50 | Page 4, line 4, leave out "he considers that" |
| 51 | Page 4, line 16, at end insert— |
| "( ) | the provision has no adverse effect on the rule of law or the independence of the judiciary" |
| 52 | Page 4, line 16, at end insert— |
| "( ) | the provision is not of constitutional importance" |
| 53 | Page 4, line 16, at end insert— |
| "( ) | the provision imposes or increases burdens on some persons only to the extent necessary for the removal or reduction of burdens on other persons and is proportionate to that purpose" |
| | THE LORD BASSAM OF BRIGHTON |
| 54 | Page 4, line 17, leave out subsection (3) |
| | THE BARONESS WILCOX
THE LORD KINGSLAND |
| 55 | Page 4, line 17, leave out subsections (3) to (5) |
| | THE LORD LLOYD OF BERWICK |
| 56 | Page 4, line 18, leave out ", 2(1) or 3(1)" and insert "or 2(1)" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD LLOYD OF BERWICK |
| 57 | Page 4, line 20, leave out paragraph (b) |
| | THE LORD LLOYD OF BERWICK
THE LORD BASSAM OF BRIGHTON |
| 58 | Page 4, line 22, leave out ", 2(1) or 3(1)" and insert "or 2(1)" |
| | THE LORD BASSAM OF BRIGHTON |
| 59 | Page 4, line 23, leave out from "enactment" to end of line 24 |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD LLOYD OF BERWICK |
| 60 | Page 4, line 24, leave out paragraph (b) |
| | THE LORD BASSAM OF BRIGHTON |
| 61 | Page 4, line 28, at end insert— |
| "( ) | In this section and sections 5 to 8, to "restate" an enactment means to replace it with alterations only of form or arrangement (and for these purposes to remove an ambiguity is to make an alteration other than one of form or arrangement)." |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 62 | Insert the following new Clause— |
| | "Provisions of constitutional importance |
| (1) | On the application of a member of the House of Commons, the Speaker of that House shall determine whether in his opinion any provision in an order proposed to be made under this Part is a provision of constitutional importance, and if he determines that question in the affirmative he shall give a certificate to that effect. |
| (2) | On the application of a member of the House of Lords, the Lord Speaker of that House shall determine whether in his opinion any provision in an order proposed to be made under this Part is a provision of constitutional importance, and if he determines that question in the affirmative he shall give a certificate to that effect. |
| (3) | A certificate given under subsection (1) or (2) shall be conclusive and shall not be questioned in any court of law. |
| (4) | If a certificate is given under either subsection (1) or (2) the order shall not be made." |
| 63* | Insert the following new Clause— |
| (1) | No order made under this Part may make any alteration to any of the matters to which subsection (2) applies. |
| (2) | This subsection applies to— |
| (a) | the powers of, and succession to, the Crown; |
| (b) | the powers and composition of either House of Parliament; |
| (c) | the rights to vote and be a candidate in elections to public office; |
| (d) | the regulation of elections to public office; |
| (e) | the duration of a Parliament; |
| (f) | the appointment, powers, duties and termination of office of judges, magistrates and members of statutory tribunals; |
| (g) | the election, composition and powers of the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales; |
| (h) | the statutory powers of local authorities; |
| (i) | the establishment of the Church of England; |
| (j) | the fundamental rights and freedoms of citizens of the United Kingdom and of other persons subject to the laws of the United Kingdom; |
| (k) | the laws relating to freedom of information, data protection and the regulation of investigatory powers; |
| (l) | the powers and organisation of the police, the armed forces and other security services; and |
| (m) | an existing right to trial by jury." |
| 64 | Insert the following new Clause— |
| | "Exclusion of measures of constitutional significance |
| | No order may be made under the provisions of this Act that affects the structures, powers and composition of organs of the state (the Crown, the executive, Parliament and the judiciary), the relationship of those organs to one another, or the rights and freedoms held by the individual at common law or under the provisions of the Human Rights Act 1998 (c. 42)." |
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