Legislative and Regulatory Reform Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
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 LORD NORTON OF LOUTH |
| 1 | Page 1, line 6, leave out "he considers" |
| | THE LORD JENKIN OF RODING |
| 2 | Page 1, line 8, at end insert "in the exercise of a regulatory function" |
| | THE LORD BASSAM OF BRIGHTON |
| 3 | Page 1, line 13, leave out from "otherwise," to end of line 14 and insert "which affects the carrying on of any lawful activity" |
| | THE LORD HENLEY
THE BARONESS WILCOX |
| 4 | Page 1, line 14, at end insert— |
| "( ) | a regulatory measure disproportionate to identifiable risk" |
| | THE LORD JENKIN OF RODING |
| 5 | Page 2, line 2, leave out from "department" to end of line 3 |
| 6 | Page 2, line 6, leave out "hard to understand" and insert "unconsolidated or requires restatement" |
| 7 | Page 2, line 15, at end insert "and does not include any legislation (whether or not in force) which was passed at least one year before the day on which the order is made" |
| 8 | Page 2, line 15, at end insert— |
| "( ) | No order under this section may be made to any provision of an Act if that provision has been amended, otherwise than merely for consequential or incidental purposes— |
| (a) | by an Act passed not more than one year before the day on which the order is made, or |
| (b) | by any subordinate legislation made not more than one year before that day, |
| | but this subsection does not prevent an order under this section from re-enacting without substantive amendment any provision which has been so amended." |
| | THE LORD BASSAM OF BRIGHTON |
| 9 | Page 2, line 21, leave out paragraph (c) |
| 10 | Insert the following new Clause— |
| | "Exemption of 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 such a burden or burdens is appropriate. |
| (2) | For the purposes of this section "small businesses" refers to businesses that fall within the criteria of a small group as set out in section 338 of the Companies Act 2006 (companies qualifying as small: general)." |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD NORTON OF LOUTH |
| 11 | Page 2, line 32, leave out "he considers" |
| | THE LORD HENLEY
THE BARONESS WILCOX |
| 12 | Page 2, line 37, after "proportionate" insert "to identifiable risk" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD NORTON OF LOUTH |
| 13 | Page 3, line 21, leave out "he considers that" |
| | THE LORD BASSAM OF BRIGHTON |
| 14 | Page 3, line 33, at end insert— |
| 2 | "(f) the provision is not of constitutional significance." |
| | THE LORD NORTON OF LOUTH
[As an amendment to amendment 14] |
| "( ) | For the purposes of subsection (2)(f), a measure of constitutional significance is one that affects the structures, powers and compositions 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 GOODHART
THE LORD MACLENNAN OF ROGART |
| 16 | Page 3, line 33, at end insert— |
| "( ) | the provision does not adversely affect any right to trial by jury" |
| | THE LORD JENKIN OF RODING |
| 17 | Page 3, line 33, at end insert— |
| "( ) | the provision, taken as a whole, strikes a fair balance between the burden removed or reduced and the benefits provided to any person adversely affected by it; |
| ( ) | the burden removed or reduced is proportionate to the benefit provided to any person adversely affected by it and it is beneficial and desirable for the order to be made" |
| | THE BARONESS WILCOX
THE LORD NORTON OF LOUTH
THE LORD BERKELEY |
| 18 | Insert the following new Clause— |
| | "Independence of the economic regulators |
| (1) | An order under this Part may not restrict the jurisdiction or undermine the independence of any economic regulator. |
| (2) | For the purposes of this section— |
| (a) | restricting the jurisdiction of any economic regulator includes diminishing, removing or transferring to another person any function conferred on or exercisable by an economic regulator; |
| (b) | undermining the independence of any economic regulator includes imposing on an economic regulator an obligation to comply with the wishes of— |
| (i) | a Minister of the Crown; |
| (ii) | a person who owes such an obligation to a Minister of the Crown; or |
| (iii) | a person who is controlled by a Minister of the Crown. |
| (3) | An order under this section may not render a person who is a director or member of an economic regulator removable from office on grounds other than those which were in force on the date on which this Act was passed. |
| (4) | In this section, "economic regulator" means any of— |
| (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; |
| (f) | the Office of Fair Trading; |
| (g) | the Civil Aviation Authority." |
| | THE LORD JENKIN OF RODING |
| | THE LORD BASSAM OF BRIGHTON |
| 20 | Page 4, line 26, leave out from "impose" to end of line 27 and insert ", abolish or vary any tax" |
| 21 | Page 4, line 28, leave out subsection (2) and insert— |
| "(2) | The Treasury may by regulations make provision for varying the way in which a relevant tax has effect in relation to— |
| (a) | any property, rights or liabilities transferred by or under an order under this Part; or |
| (b) | anything done for the purposes of, or in relation to, the transfer of any property, rights or liabilities by or under an order under this Part. |
| (3) | The provision which may be made under subsection (2)(a) includes in particular provision for— |
| (a) | a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred; |
| (b) | any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision; |
| (c) | the Minister of the Crown making the order to be required or permitted, with the consent of the Treasury, to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred. |
| (4) | The provision which may be made under subsection (2)(b) includes in particular provision for— |
| (a) | a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer; |
| (b) | anything done for the purposes of or in relation to the transfer to have or not have a specified consequence or be treated in a specified way; |
| (c) | the Minister of the Crown making the order to be required or permitted, with the consent of the Treasury, to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of or in relation to the transfer. |
| (5) | Regulations under subsection (2) are to be made by statutory instrument. |
| (6) | A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the House of Commons. |
| | "relevant tax" means income tax, corporation tax, capital gains tax, stamp duty or stamp duty reserve tax; |
| | "tax provision" means a provision of an enactment about a relevant tax." |
| 22 | Page 4, line 30, leave out "that is punishable, or" and insert "and may not" |
| 23 | Page 5, line 9, leave out "creating an offence, or" and insert "for" |
| 24 | Page 5, line 14, leave out "creating an offence, or" and insert "for" |
| | THE LORD JENKIN OF RODING |
| 25 | Page 5, line 32, after "Part;" insert— |
| "( ) | the European Communities Act 1972 (c. 68); |
| ( ) | the Scotland Act 1998 (c. 46); |
| ( ) | the Northern Ireland Act 1998 (c. 47); |
| ( ) | the Government of Wales Act 1998 (c. 38); |
| ( ) | 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;" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 26 | Page 5, line 32, leave out "or" |
| 27 | Page 5, line 33, at end insert— |
| "( ) | the Government of Wales Act 1998 (c. 38) and the Government of Wales Act 2006 (c. 32); or |
| ( ) | the Scotland Act 1998 (c. 46)" |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 28 | Page 6, line 18, at end insert— |
| "( ) | An order under this Part which creates, amends or repeals any primary legislation must be made in accordance with the affirmative resolution procedure or the super-affirmative resolution procedure. |
| ( ) | In this section "primary legislation" has the same meaning as in the Human Rights Act 1998 (c. 42)." |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART
THE LORD NORTON OF LOUTH |
| 29 | Page 7, line 17, at end insert ", and |
| ( ) | a statement that in his view the provisions of the order are compatible with the Convention rights (as defined in the Human Rights Act 1998 (c. 42))." |
| 30 | Page 8, line 9, leave out subsections (1) to (7) and insert— |
| | "Once a draft order is laid before Parliament under section 14, the super-affirmative resolution procedure under section 18 shall apply, unless within 30 days both Houses of Parliament determine that, for orders laid under sections 1 or 2, the negative resolution procedure under section 16 or the affirmative resolution procedure under section 17 should apply, in which case that procedure shall apply." |
| | THE LORD JENKIN OF RODING |
| 31 | Page 8, line 12, leave out paragraph (a) |
| | THE LORD JENKIN OF RODING |
| | THE LORD GOODHART
THE LORD MACLENNAN OF ROGART |
| 33 | Insert the following new Clause— |
| | "Application of Human Rights Act 1998 |
| | Orders made under this Part shall be treated for the purposes of the Human Rights Act 1998 (c. 42) as subordinate legislation and not as primary legislation (whether or not they amend primary legislation)." |
| | THE LORD HENLEY
THE BARONESS WILCOX
THE LORD NORTON OF LOUTH |
| 34 | Insert the following new Clause— |
| | "Publication of departmental progress |
| (1) | A Minister of the Crown must make available to the public in an accessible format— |
| (a) | all proposals promoting regulatory principles or removing or reducing burdens received by his government department; |
| (b) | his response to those proposals; |
| (c) | a summary of the action taken on those proposals, including any increase in regulation that may result; |
| (d) | a summary of any other action taken to promote the regulatory principles or remove or reduce burdens, including any increase in regulation that may result; and |
| (e) | any order made under section 1 or 2, including any increase in regulation that may result." |
| | THE LORD BASSAM OF BRIGHTON |
| 35 | Page 15, leave out lines 14 and 15 and insert "modified or supplemented from time to time." |
| | THE VISCOUNT COLVILLE OF CULROSS |
| 36 | Page 17, line 9, at end insert— |
| "(1B) | Where subordinate legislation creates any new or amended criminal offence the subordinate legislation shall contain, in the text and not solely by reference to a provision of the Community instrument, a description of the conduct which, if proved, would constitute that offence." |
| | THE LORD KINGSLAND
THE BARONESS WILCOX |
| 37 | Insert the following new Clause— |
| | "Burdens from implementation of Community obligations |
| (1) | Subordinate legislation implementing any Community obligation of the United Kingdom, or enabling such obligation to be implemented, or enabling any rights to be enjoyed or to be enjoyed by the United Kingdom under or by virtue of the treaties may not impose or increase any burden on any person which is not necessary to implement the Community obligation or right. |
| | "burden" has the same meaning as in section 1(3); |
| | "subordinate legislation" has the same meaning as in section 27(9)(b); |
| | "the treaties" has the same meaning as in section 1(2) of the European Communities Act 1972 (c. 68) (short title and interpretation)." |
| | THE LORD BASSAM OF BRIGHTON |
| 38 | Page 20, line 15, at end insert— |
| "(3) | In Article 17 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (S.I. 1996/1632 (N.I. 11)), in paragraph (1), for "section 1 of the Regulatory Reform Act 2001" substitute "section 1 or 2 of the Legislative and Regulatory Reform Act 2006". |
| | THE LORD JENKIN OF RODING |
| 39 | Page 20, line 34, after "Church of England" insert "or any other religious organisation" |
| 40* | Page 20, line 40, leave out "two" and insert "four" |
| | THE LORD BASSAM OF BRIGHTON |
| 41 | Page 21, line 5, leave out subsection (2) and insert— |
| (a) | subsections (1) and (2) extend to England and Wales only; |
| (b) | subsection (3) extends to Northern Ireland only." |
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