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Equality Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Revised Fifth Marshalled List]


 

Schedule 18

 

BARONESS ROYALL OF BLAISDON

Page 196, line 41, at end insert—
"(2)      But provision by virtue of sub-paragraph (1) may not amend this Schedule—
(a)  so as to omit an exception in paragraph 3;
(b)  so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3);
(c)  so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies."
 

Clause 150

 

BARONESS ROYALL OF BLAISDON

Page 96, line 6, at end insert—
"(   )  An order may not be made under this section so as to extend the application of section 148 to—
(a)  the exercise of a function referred to in paragraph 3 of Schedule 18 (judicial functions etc);
(b)  a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament, devolved legislatures and General Synod);
(c)  the exercise of a function listed in paragraph 4(3) of that Schedule (proceedings in Parliament or devolved legislatures)."
 

Clause 195

 

BARONESS ROYALL OF BLAISDON

Page 121, line 24, at end insert—
"(   )  Guidance issued (or treated as issued) under a power conferred by virtue of subsection (3)(a) comes into force on such day as the person who issues the guidance may by order appoint; and an order under this subsection may include the text of the guidance or of extracts from it."
 

Clause 196

 

BARONESS ROYALL OF BLAISDON

Page 122, line 2, leave out "Before making the order" and insert "If the Minister proposes to make an order under this section"
Page 122, line 4, leave out subsections (4) and (5) and insert—
"(4)  If, as a result of the consultation under subsection (3), the Minister thinks it appropriate to change the whole or part of the proposal, the Minister must carry out such further consultation with respect to the changes as the Minister thinks appropriate."
Page 122, line 26, leave out "5" and insert "2"
Page 122, line 28, leave out "5" and insert "2"
 

After Clause 196

 

BARONESS ROYALL OF BLAISDON

Insert the following new Clause—
  "Harmonisation: procedure
(1)  If, after the conclusion of the consultation required under section 196, the Minister thinks it appropriate to proceed with the making of an order under that section, the Minister must lay before Parliament—
(a)  a draft of a statutory instrument containing the order, together with
(b)  an explanatory document.
(2)  The explanatory document must—
(a)  introduce and give reasons for the harmonising provision;
(b)  explain why the Minister thinks that the conditions in subsection (1) of section 196 are satisfied;
(c)  give details of the consultation carried out under that section;
(d)  give details of the representations received as a result of the consultation;
(e)  give details of such changes as were made as a result of the representations.
(3)  Where a person making representations in response to the consultation has requested the Minister not to disclose them, the Minister must not disclose them under subsection (2)(d) if, or to the extent that, to do so would (disregarding any connection with proceedings in Parliament) constitute an actionable breach of confidence.
(4)  If information in representations made by a person in response to consultation under section 196 relates to another person, the Minister need not disclose the information under subsection (2)(d) if or to the extent that—
(a)  the Minister thinks that the disclosure of information could adversely affect the interests of that other person, and
(b)  the Minister has been unable to obtain the consent of that other person to the disclosure.
(5)  The Minister may not act under subsection (1) before the end of the period of 12 weeks beginning with the day on which the consultation under section 196(3) begins.
(6)  Laying a draft of a statutory instrument in accordance with subsection (1) satisfies the condition as to laying imposed by subsection (8) of section 200, in so far as that subsection applies in relation to orders under section 196."
 

Clause 200

 

BARONESS ROYALL OF BLAISDON

Page 124, line 6, at end insert "or the Treasury"
Page 124, line 16, at end insert "that provides for the omission of an entry where the authority concerned has ceased to exist or the variation of an entry where the authority concerned has changed its name"
Page 124, line 38, after "that" insert "—
(i)  "
Page 124, line 40, at end insert ", and
(ii)  is not made in reliance on section 199(7)"
Page 125, line 1, leave out "mentioned in subsection (2) or (4)" and insert "containing an order or regulations under section 2, 150, 152, 153(2) or 154(5)"
 

Clause 201

 

BARONESS ROYALL OF BLAISDON

Page 125, line 8, at end insert "an order or"
Page 125, line 10, after "The" insert "orders and"
Page 125, line 10, at end insert—
"(   )  an order under section 150 (power to amend list of public authorities for the purposes of the public sector duty);"
Page 125, line 15, at end insert —
"(   )  But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 150 that provides for—
(a)  the omission of an entry where the authority concerned has ceased to exist, or
(b)  the variation of an entry where the authority concerned has changed its name."
Page 125, line 16, leave out "other than one mentioned in" and insert "that is not subject to the affirmative procedure by virtue of"
Page 125, line 18, after second "the" insert "order or"
 

Clause 202

 

BARONESS ROYALL OF BLAISDON

Page 125, line 26, at end insert "an order or"
Page 125, line 28, after "The" insert "orders and"
Page 125, line 30, at end insert—
"(   )  an order under section 150 (power to amend list of public authorities for the purposes of the public sector duty);"
Page 125, line 35, at end insert—
"(   )  But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 150 that provides for—
(a)  the omission of an entry where the authority concerned has ceased to exist, or
(b)  the variation of an entry where the authority concerned has changed its name."
Page 125, line 36, leave out "other than one mentioned in" and insert "that is not subject to the affirmative procedure by virtue of"
Page 125, line 38, after second "the" insert "order or"

 
 
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5 February 2010