Legislative and Regulatory Reform Bill
THIRD
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 BARONESS WILCOX
THE LORD HOWARD OF RISING
THE LORD BERKELEY |
| 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)." |
| | THE LORD BASSAM OF BRIGHTON |
| 65 | Page 4, line 29, at end insert— |
| "(A1) | An order under this Part may only confer or transfer a function of legislating on or to— |
| (a) | a Minister of the Crown; |
| (b) | any person on or to whom functions are conferred or have been transferred by an enactment; or |
| (c) | a body which, or the holder of an office which, is created by the order. |
| (A2) | An order under this Part may not make provision for the delegation of any function of legislating." |
| 66 | Page 4, line 36, leave out from "is" to "; or" in line 37 and insert "an instrument to which section 5(1) of the Statutory Instruments Act 1946 (c. 36) applies (instruments subject to annulment by resolution of either House of Parliament)" |
| | THE BARONESS WILCOX
THE LORD KINGSLAND |
| 67 | Page 4, line 40, leave out subsection (4) |
| | THE LORD BASSAM OF BRIGHTON |
| 68 | Page 4, line 40, leave out "Subsection (1) does" and insert "Subsections (A1) to (1) do" |
| 69 | Page 4, line 40, at end insert— |
| "(5) | For the purposes of this section a "function of legislating" is a function of legislating by order, rules, regulations or other subordinate instrument." |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 70 | Page 5, line 2, leave out "or increase" and insert ", remove or alter" |
| | THE BARONESS WILCOX
THE LORD KINGSLAND |
| 71 | Page 5, line 4, leave out subsection (2) |
| 72 | Page 5, line 9, leave out paragraph (a) |
| | THE BARONESS WILCOX
THE LORD KINGSLAND |
| 73 | Page 5, line 38, leave out subsection (6) |
| | The Lord Norton of Louth gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill. |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 74 | Insert the following new Clause— |
| | "Removal of criminal penalties or trial by jury |
| (1) | An order under this Part may not abolish or reduce the penalty for an existing offence that is punishable— |
| (a) | on indictment, with imprisonment for a term exceeding two years, or |
| (b) | on summary conviction, with— |
| (i) | imprisonment for a term exceeding the normal maximum term, or |
| (ii) | a fine exceeding level 5 on the standard scale. |
| (2) | Subsections (2) and (3) of section 7 shall apply to subsection (1) of this section as they apply to section 7(1). |
| (3) | An order under this Part may not remove an existing right to trial by jury." |
| | THE BARONESS WILCOX
THE LORD HOWARD OF RISING |
| 74A | Page 5, line 40, at end insert— |
| "( ) | enable the requisition, confiscation or destruction of property; |
| ( ) | prohibit, or enable the prohibition of, or require, or enable the requirement of, travel or movement to or from a specified place or places; |
| ( ) | prohibit, or enable the prohibition of, specified activities; |
| ( ) | confer jurisdiction on a court or tribunal (which may include a tribunal established by any regulations);" |
| 74B | Page 6, line 1, leave out subsection (2) |
| | THE LORD JENKIN OF RODING
THE BARONESS CARNEGY OF LOUR |
| 75 | Page 6, line 8, after "Part;" insert— |
| "( ) | the European Communities Act 1972 (c. 68); |
| ( ) | the Scotland Act 1998 (c. 46); |
| ( ) | the Northern Ireland Act 1998 (c. 47); |
| ( ) | any matter relating to the Crown including succession to the Crown and a regency (under exception of Her Majesty's prerogative and other executive functions); |
| ( ) | the Union of the Kingdoms of Scotland and England; |
| ( ) | the Parliament of the United Kingdom; |
| ( ) | the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal; |
| ( ) | the continued existence of the Court of Session as a civil court of first instance and of appeal;" |
| 75A | Page 6, line 8, after "Part;" insert— |
| "( ) | Magna Carta 1297 (25 Edw. 1); |
| ( ) | the Bill of Rights 1688 (c. 2); |
| ( ) | the Crown and Parliament Recognition Act 1689 (c. 1); |
| ( ) | the Act of Settlement 1700 (c. 2); |
| ( ) | the Union with Scotland Act 1706 (c. 11); |
| ( ) | the Union with Ireland Act 1800 (c. 67); |
| ( ) | the Parliament Act 1911 (c. 13); |
| ( ) | the Parliament Act 1949 (c. 103); |
| ( ) | the Life Peerages Act 1958 (c. 21); |
| ( ) | the Emergency Powers Act 1964 (c. 38); |
| ( ) | the European Communities Act 1972 (c. 68); |
| ( ) | the House of Commons Disqualification Act 1975 (c. 24); |
| ( ) | the Ministerial and Other Salaries Act 1975 (c. 27); |
| ( ) | the British Nationality Act 1981 (c. 61); |
| ( ) | the Supreme Court Act 1981 (c. 54); |
| ( ) | the Representation of the People Act 1983 (c. 2); |
| ( ) | the Government of Wales Act 1998 (c. 38); |
| ( ) | the Northern Ireland Act 1998 (c. 47); |
| ( ) | the Scotland Act 1998 (c. 46); |
| ( ) | the House of Lords Act 1999 (c. 34);" |
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