Public Bodies Bill [HL]

Page 16, line 24, leave out “Courts boards.”

Page 16, line 25, leave out “Crown Court Rule Committee.”

Page 16, line 26, leave out “Disability Living Allowance Advisory Board.”

Page 16, line 27, leave out “Disabled Persons Transport Advisory Committee.”

Page 16, line 28, leave out “Environment Protection Advisory Committees established under section 12 of the Environment Act 1995.”

Page 16, line 30, leave out “Food from Britain.”

Page 16, line 30, at end insert—

“Food Standards Agency.”

Page 16, line 31, leave out “Football Licensing Authority.”

Page 17, line 1, leave out “Home Grown Timber Advisory Committee.”

Page 17, line 2, leave out “Inland Waterways Advisory Council.”

Page 17, line 3, leave out “Her Majesty’s Inspectorate of Court Administration.”

Page 17, line 4, leave out “Library Advisory Council for England.”

Page 17, line 5, leave out “Magistrates’ Courts Rule Committee (established under section 144 of the Magistrates’ Courts Act 1980).”

Page 17, line 7, leave out “National Consumer Council (“Consumer Focus”).”

Page 17, line 8, leave out “National Endowment for Science, Technology and the Arts.”

Page 17, line 9, leave out “Public Guardian Board.”

Page 17, line 10, leave out “Railway Heritage Committee.”

Page 17, line 11, leave out “Regional advisory committees established under section 37(1)(b) of the Forestry Act 1967.”

Page 17, line 13, leave out “Regional and local fisheries advisory committees established under section 13 of the Environment Act 1995.”

Page 17, leave out lines 15 to 22

Page 17, line 15, leave out “Regional development agency for the East Midlands.”

Page 17, line 16, leave out “Regional development agency for the Eastern Region.”

Page 17, leave out lines 17 and 18

Page 17, line 17, leave out “Regional development agency for the North East.”

Page 17, line 18, leave out “Regional development agency for the North West.”

Page 17, line 19, leave out “Regional development agency for the South East.”

Page 17, line 20, leave out “Regional development agency for the South West.”

Page 17, line 21, leave out “Regional development agency for the West Midlands.”

Page 17, line 22, leave out “Regional development agency for Yorkshire and the Humber.”

Page 17, line 23, leave out “Security Industry Authority.”

Page 17, line 23, at end insert—

“UK Film Council.”

Page 17, line 23, at end insert—

“The Trinity House.”

Page 17, line 24, leave out “Valuation Tribunal Service.”

Page 17, line 25, leave out “Victims’ Advisory Panel.”

Page 17, line 26, leave out “Youth Justice Board for England and Wales.”

Page 1, line 14, at beginning insert “Subject to section (Restrictions on ministerial powers),”

Page 1, line 14, after “may” insert “subject to the requirements of section 8”

Page 18, leave out lines 6 to 8

Page 18, leave out lines 9 to 11

[Withdrawn]

Page 18, line 17, at end insert—

Commissioners of Irish Lights.

Commissioners of Northern Lighthouses.

The Trinity House.”

Page 2, line 11, at beginning insert “Subject to section (Restrictions on ministerial powers),”

Page 2, line 11, after “may” insert “subject to the requirements of section 8”

Page 2, line 12, leave out “3” and insert “2 or 3”

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Page 18, line 21, leave out “Broads Authority.”

Page 18, line 21, at end insert—

“Church Commissioners.”

Page 18, line 22, leave out “Commission for Equality and Human Rights.”

Page 18, line 24, leave out “Internal drainage boards.”

Page 18, line 25, leave out “Joint Nature Conservation Committee.”

Page 18, line 26, leave out “National Park authorities.”

Page 18, line 27, leave out “Passengers’ Council (“Passenger Focus”).”

Page 2, line 39, at beginning insert “Subject to section (Restrictions on ministerial powers),”

Page 2, line 39, after “may” insert “subject to the requirements of section 8”

The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.

Page 19, line 3, leave out “Commission for Equality and Human Rights.”

Page 19, line 4, leave out “Chief Inspector of Drinking Water and other inspectors appointed under section 86 of the Water Industry Act 1991.”

Page 19, line 6, leave out “Marine Management Organisation.”

Page 19, line 7, leave out “Natural England.”

Page 19, line 8, leave out “Office of Communications (“Ofcom”).”

Page 19, line 9, leave out “Sianel Pedwar Cymru (“S4C”).”

Page 3, line 2, at beginning insert “Subject to section (Restrictions on ministerial powers),”

Page 3, line 2, after “may” insert “subject to the requirements of section 8”

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

Page 19, line 13, leave out “British Waterways Board.”

Page 19, line 14, leave out “Broads Authority.”

Page 19, line 15, leave out “Commission for Equality and Human Rights.”

Page 19, line 15, at end insert—

“Commissioners of Irish Lights.”

Page 19, line 16, leave out “Competition Commission.”

Page 19, line 17, leave out “Environment Agency.”

Page 19, line 17, at end insert—

“Football Licensing Authority.”

Page 19, line 19, leave out “Human Fertilisation and Embryology Authority.”

Page 19, line 20, leave out “Human Tissue Authority.”

Page 19, line 21, leave out “Internal drainage boards.”

Page 19, line 22, leave out “National Park authorities.”

Page 19, line 23, leave out “Office of Communications (“Ofcom”).”

Page 19, line 24, leave out “Office of Fair Trading (“OFT”).”

Page 19, line 25, leave out “Passengers’ Council (“Passenger Focus”).”

Page 19, line 25, at end insert—

“Railway Heritage Committee.”

Page 19, line 25, at end insert—

“NOTE

1 Section 21(2)(a) does not apply to an order under section 5 which provides for—

(a) functions of the British Waterways Board falling within section 21(3)(b) to (e) to be transferred to another person;

(b) functions of the Environment Agency falling within section 21(3)(b) to (e) to be transferred to a person to whom functions of the British Waterways Board are transferred by virtue of paragraph (a).”

Page 3, line 13, at beginning insert “Subject to section (Restrictions on ministerial powers),”

Page 3, line 13, after “may” insert “subject to the requirements of section 8”

Insert the following new Clause—

“Public accountability of transferred fuctions

(1) Any of the public functions that are transferred to another body or person by an order made under section 1, 2, 5, 6, 13, 17 or 18 shall remain subject to—

(a) audit by the Comptroller and Auditor General;

(b) the provisions of the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002; and

(c) the provisions of the Data Protection Act 1998.

(2) Where public functions are transferred to another body or person by an order made under section 1, 2, 5, 6, 13, 17 or 18 that responsible person or body shall report annually to Parliament on the performance and expenditure of those functions.”

Insert the following new Clause—

“Duty to promote sustainable development

(1) Any of the public functions that are transferred to another body or person by an order made under section 1, 2, 5, 6, 13, 17 or 18 shall where appropriate be subject to the requirement to promote sustainable development.

(2) The duty in subsection (1) shall apply whether or not it is explicitly set out in the existing legislation that applies to the body or person whose functions are to be transferred.”

Page 19, leave out lines 28 and 29

Page 19, line 29, leave out “National Park authorities.”

Page 4, line 4, at end insert—

“( ) In relation to a transfer of functions, duties or powers under section 1 or 5, or to mergers under section 2, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I.2006/246) apply to a transfer which relates to rights or liabilities under a contract of employment whether or not the transfer would, apart from this subsection, be a relevant transfer for the purposes of those regulations.

( ) In the case of an employee of any body whose functions, duties or powers are transferred or merged under section 1, 2 or 5—

(a) a period of employment with the transferor is to be treated as a period of employment with the recipient organisation;

(b) the transfer to the recipient organisation is not to be treated as a break in service.”

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Page 4, line 7, after “6” insert “or section 11”

Page 4, line 8, at end insert—

“( ) fairness, openness, transparency and justice;”

Page 4, line 12, at end insert—

“( ) achieving the aims and objectives of the body where these are specified in legislation.”

Page 4, line 12, at end insert—

“( ) For the purposes of the objective referred to in subsection (1)(b), the Minister must consider the extent to which functions affected by the order need to be exercised independently of Ministers—

(a) because they require the exercise of professional or specialist expertise, or the making of decisions or giving of advice, by a person who is impartial as respects Ministers’ policy, or

(b) because they involve establishing facts in relation to, or oversight or scrutiny of, Ministers’ actions.”

Page 4, line 13, leave out “the Minister considers that”

Page 4, line 13, at end insert “reasonably”

Page 4, line 14, at end insert “the following conditions are satisfied”

Page 4, line 18, at end insert—

“( ) The reference in subsection (2)(a) to necessary protection includes the independence of the judiciary (within the meaning of section 3 of the Constitutional Reform Act 2005).”

Page 4, line 18, at end insert—

“( ) Prior to making an order under these sections the Minister must have laid before both Houses of Parliament a report setting out the reasoning for the change in status of any body or group of bodies listed in Schedules 1 to 6; such report to be subject to debate and approved by resolution of each House of Parliament.”

Page 4, line 20, after “Ministers” insert “and the Scottish Parliament”

Page 4, line 24, after “department” insert “and the Northern Ireland Assembly”

Page 4, line 31, after “Ministers” insert “and the National Assembly for Wales”

Insert the following new Clause—

“Consultation

(1) A Minister proposing to make an order under sections 1 to 6 must consult—

(a) the body or the holder of the office to which the proposal relates,

(b) such other persons as appear to the Minister to be representative of interests substantially affected by the proposal,

(c) the Scottish Ministers, if the proposal relates to any matter, so far as applying in or as regards Scotland, in relation to which the Scottish Ministers exercise functions (and where the consent of Scottish Ministers is not required under section 9),

(d) a Northern Ireland department, if the proposal relates to any matter, so far as applying in or as regards Northern Ireland, in relation to which the department exercises functions (and where the consent of the department is not required under section 9),

(e) the Welsh Ministers, if the proposal relates to any matter, so far as applying in or as regards Wales, in relation to which the Welsh Ministers exercise functions (and where the consent of the Welsh Ministers is not required under section 9),

(f) where the functions affected by the proposal relate to the administration of justice, the Lord Chief Justice, and

(g) such other persons as the Minister considers appropriate.

(2) If, as a result of consultation under subsection (1), it appears to the Minister appropriate to change the whole or part of the proposal, the Minister must carry out such further consultation with respect to the changes as seems appropriate.

(3) It is immaterial for the purposes of this section whether consultation is carried out before or after the commencement of this section.”

Line 21, at end insert—

“(1A) Before making an order under this section, a Minister must publish a notice of the proposal, inviting responses—

(a) on the government website; and

(b) in such other ways that the Minister considers will bring it to the notice of appropriate persons.

(1B) Before an order is issued the Minister must publish on the government website, and in such other ways as the Minister considers appropriate, a summary of the responses received under subsections (1) and (1A) and the Minister’s response to them.”

Line 22, leave out “subsection (1)” and insert “subsections (1) and (1A)”

Line 25, at end insert—

“(2A) If the Minister carries out further consultations under subsection (2), the requirements of subsections (1A) and (1B) apply.”

Insert the following new Clause—

“Procedure

(1) If after consultation under section (Consultation) the Minister considers it appropriate to proceed with the making of an order under sections 1 to 6, the Minister may lay before Parliament—

(a) a draft order, and

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce and give reasons for the order (including reasons relating to the objectives in section 8(1)),

(b) explain why the Minister considers that the conditions in section 8(2)(a) and (b) are satisfied, and

(c) contain a summary of representations received in the consultation.

(3) The Minister may not act under subsection (1) before the end of the period of twelve weeks beginning with the day on which the consultation began.

(4) Subject as follows, if after the expiry of the 40-day period the draft order laid under subsection (1) is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the draft order.

(5) If within the 30-day period either House of Parliament so requires, the procedure in subsections (6) to (9) shall apply to the draft order instead of the procedure in subsection (4).

(6) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(7) If after the expiry of the 60-day period the draft order is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the draft order.

(8) If after the expiry of the 60-day period the Minister wishes to proceed with the draft order but with material changes, the Minister may lay before Parliament—

(a) a revised draft order, and

(b) a statement giving a summary of the changes proposed.

(9) If the revised draft order is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the revised draft order.

(10) For the purposes of this section an order is made in the terms of a draft order or revised draft order if it contains no material changes to its provisions.”

Page 5, line 8, at end insert—

“(2) Orders in respect of bodies specified in Schedules 1 to 7 which fall into the categories specified in subsection (3) of this section should be accompanied by a report from relevant Ministers specifying the reasons for the orders in relation to the group as a whole.

(3) For the purposes of subsection (2) the groups shall be—

(a) Economic Regulators (Office of Fair Trading, Competition Commission, Office of Communications: Gas and Electricity Marketing Authority, Water Services Regulation Authority and such other bodies as the Secretary of State deems appropriate),

(b) Consumer Bodies (National Consumer Council, Consumer Council for Water, Passengers’ Council, Air Traffic Users Council and such other bodies as the Secretary of State deems appropriate).”

Leave out Clause 10 and insert the following new Clause—

“Procedure: introductory

An order under sections 1 to 6, 11, 13 and 17 to 19 may not be made unless—

(a) the Minister has consulted in accordance with section (Consultation);

(b) upon concluding the consultation outlined in paragraph (a), the Minister has laid before Parliament a draft order and explanatory document in the manner and form described in section (Information to be provided to Parliament); and

(c) the order has been approved by Parliament, in accordance with the super-affirmative procedure outlined in section (Super-affirmative resolution procedure and amendments).”

Lord Taylor of Holbeach gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.

Insert the following new Clause—

“Public consultation

(1) This section applies when the power to make an order under this Act is exercisable by a Minister in relation to the powers conferred by sections 1 to 6 and section 11.

(2) If the Minister proposes to make an order under this section, the Minister must conduct a public consultation.

(3) If, as a result of the public consultation under subsection (2), the Minister considers it appropriate to change the whole or part of the proposal, the Minister must carry out such further public consultation with respect to the changes as the Minister considers appropriate.

(4) For the purpose of this section references to a public consultation includes consulting persons or organisations the Minister considers are likely to be affected by the proposal to make an order.”

Insert the following new Clause—

“Parliamentary scrutiny and approval

(1) If, after the conclusion of the public consultation procedure required under section (Public consultation), the Minister considers it appropriate to proceed with the making of an order, 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 order;

(b) explain why the Minister considers that the conditions in section (Public consultation)(2) and (3) are satisfied;

(c) give details of the public consultation carried out under that section;

(d) give details of the representations received as a result of the public 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 a public 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 (Public consultation) relates to another person, the Minister need not disclose the information under subsection (2)(d) if or to the extent that—

(a) the Minister considers that the disclosure of the information could adversely effect 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 date on which the consultation under section (Public consultation)(2) begins.

(6) Laying a draft of a statutory instrument in accordance with subsection (1) satisfies the condition as to laying imposed by section 10, or section 12(1), in so far as those provisions apply in relation to orders under sections 1 to 6 and 11.”

Insert the following new Clause—

“Consultation

(1) If the Minister proposes to make an order under sections 1 to 6, 11, 13, or 17 to 19 the Minister must consult the public about the content, wording and effect of the intended order.

(2) Without limiting subsection (1), public consultation must include consulting—

(a) those bodies, or persons appearing to the Minister to be representative of those bodies;

(b) those organisations or persons appearing to the Minister to be representative of interests substantially affected by the proposals;

(c) the devolved institutions in accordance with section 9.

(3) If, as a result of any consultation required by subsections (1) and (2), it appears to the Minister that it is appropriate to change the whole or any part of his proposals, the Minister must undertake such further consultation with respect to the changes as he considers appropriate.

(4) If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this section, those requirements shall to that extent be taken to have been satisfied.”

Insert the following new Clause—

“Information to be provided to Parliament

(1) If, after the conclusion of the consultation required by section (Consultation), the Minister considers it appropriate to proceed with the making of an order under sections 1 to 6, 11, 13, or 17 to 19, the Minister must lay before Parliament—

(a) a draft of the order, together with

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce the order being made;

(b) give details of—

(i) any consultation undertaken under section (Consultation);

(ii) any representations received as a result of the consultation;

(iii) the changes (if any) made as a result of those representations;

(c) give reasons why the order is required;

(d) provide a detailed regulatory impact assessment, outlining the costs and benefits, including the alternative options considered by the Minister;

(e) provide any other information that the Minister considers will be of assistance to Parliament in considering the draft order.

(3) Where a person making representations in response to consultation under section (Consultation) has requested the Minister not to disclose them, the Minister must not disclose them under subsection (2)(b)(ii) if or to the extent that to do so would (disregarding any connection with proceedings in Parliament) constitute a breach of confidence actionable by any person.

(4) If information in representations made by a person in response to consultation under section (Consultation) relates to another person, the Minister need not disclose the information under subsection (2)(b)(ii) if or to the extent that—

(a) it appears to the Minister that the disclosure of the 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) Subsections (3) and (4) do not affect any disclosure that is requested by, and made to, a committee of either House of Parliament charged with reporting on the draft order.”

Insert the following new Clause—

“Super-affirmative resolution procedure and amendments

(1) For the purposes of this Part, the super-affirmative resolution procedure in relation to the making of an order pursuant to a draft order laid under section (Information to be provided to Parliament) is as follows.

(2) The Minister must have regard to—

(a) any representations;

(b) any resolution of any House of Parliament; and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) Subject to subsection (6), the Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) A committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that—

(a) the draft order should be approved in its current form;

(b) the draft order should be amended;

(c) no further proceedings be taken in relation to the draft order;

(d) it is more appropriate for the proposals raised in the draft order to be progressed through a Bill rather than a statutory instrument, having regard to—

(i) the public interest in the functions or decisions of the body;

(ii) the need for a body to act independently of government or ministerial direction;

(iii) whether the body considers issues of national importance.

(6) Where a recommendation is made by a committee of either House under subsection (5)(b) in relation to a draft order, the House may not proceed unless the recommendation is in the same session—

(a) rejected by a resolution of that House; or

(b) the House has approved the order as revised by the committee.

(7) Where a recommendation is made by a committee of either House under subsection (5)(c) or (d) in relation to a draft order, no proceedings may be taken in that House under subsection (4) unless the recommendation is in the same session rejected by a resolution of that House.

(8) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the revised draft with material changes, the Minister must lay before Parliament—

(a) a revised draft order; and

(b) a statement providing 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 (7) make an order in the terms of the revised draft if it is approved 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 under subsection (9), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(11) Where a recommendation is made by a committee of either House under subsection (10) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House unless the recommendation is, in the same session, rejected by resolution of that House.

(12) Subsections (3) to (5) of section (Information to be provided to Parliament) shall apply in relation to the disclosure of representations made under subsections (3)(b) and (8)(b)(i) of this section as they apply in relation to the disclosure of representations under subsection (2)(b)(ii) of that section.

(13) For the purposes of subsections (4) and (9), an order is made in the terms of a 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 (Information to be provided to Parliament).”

Page 5, line 25, at end insert—

“( ) An order under subsection (1) may not be included in the same instrument as any other order under this Act.”

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.

Insert the following new Clause—

“Consultation on orders under section 11

(1) A Minister proposing to make an order under section 11(1) must consult—

(a) the body or the holder of the office to which the proposal relates, and

(b) such other persons as the Minister considers appropriate.

(2) Where a Minister consults under subsection (1) on a proposed order under section 11(1) relating to a body or office, the Minister may at the same time consult under section (consultation)(1) on a proposed order under sections 1 to 6 relating to that body or office.

(3) It is immaterial for the purposes of this section whether consultation is carried out before or after the commencement of this section.”

Line 5, at end insert—

“(1A) Before making an order under this section, a Minister must publish a notice of the proposal, inviting responses—

(a) on the government website; and

(b) in such other ways that the Minister considers will bring it to the notice of appropriate persons.

(1B) Before an order is issued the Minister must publish on the government website, and in such other ways as the Minister considers appropriate, a summary of the responses received under subsections (1) and (1A) and the Minister’s response to them.”

Line 6, leave out “subsection (1)” and insert “subsections (1) and (1A)”

Insert the following new Clause—

“Procedure for orders under section 11

(1) If after consultation under section (Consultation on orders under section 11) the Minister considers it appropriate to proceed with the making of an order under section 11(1), the Minister may lay before Parliament—

(a) a draft order, and

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce and give reasons for the order, and

(b) contain a summary of representations received in the consultation.

(3) The Minister may not act under subsection (1) before the end of the period of twelve weeks beginning with the day on which the consultation began.

(4) Subject as follows, if after the expiry of the 40-day period the draft order laid under subsection (1) is approved by a resolution of each House of Parliament, the Minister may make the order.

(5) If within the 30-day period either House of Parliament so requires, the procedure in subsections (6) and (7) shall apply to the draft order instead of the procedure in subsection (4).

(6) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(7) If after the expiry of the 60-day period the draft order is approved by a resolution of each House of Parliament, the Minister may make the order.”

Page 20, line 8, leave out “Advisory Council on Public Records.”

Page 20, line 9, leave out “Agricultural Land Tribunals.”

Page 20, line 19, leave out “Board of Trustees of the Royal Botanic Gardens, Kew.”

Page 20, line 21, leave out “British Library Board.”

Page 20, line 23, leave out “British Transport Police Authority.”

Page 20, line 24, leave out “British Waterways Board.”

Page 20, line 26, leave out “Broads Authority.”

Page 20, line 30, leave out “Channel Four Television Corporation.”

Page 20, line 31, leave out “Charity Commission for England and Wales.”

Page 20, line 35, leave out “Children and Family Court Advisory and Support Service.”

Page 21, line 1, leave out “Children’s Commissioner.”

Page 21, line 2, leave out “Civil Aviation Authority.”

Page 21, line 4, leave out “Civil Nuclear Police Authority.”

Page 21, line 5, leave out “Civil Procedure Rule Committee.”

Page 21, line 6, leave out “Coal Authority.”

Page 21, line 7, leave out “Commission for Architecture and the Built Environment.”

Page 21, line 8, leave out “Commission for Equality and Human Rights.”

Page 21, line 9, leave out “Commission for Local Administration in England.”

Page 21, line 11, leave out “Commissioners appointed under section 91 of the Police Act 1997 (Surveillance Commissioners).”

Page 21, line 13, leave out “Commissioners of Northern Lighthouses.”

Page 21, line 14, leave out “Committee on Climate Change.”

Page 21, line 15, leave out “Commonwealth Development Corporation.”

Page 21, line 17, leave out “Competition Appeal Tribunal.”

Page 21, line 18, leave out “Competition Commission.”

Page 21, line 19, leave out “Construction Industry Training Board.”

Page 21, line 22, leave out “Criminal Cases Review Commission.”

Page 21, line 23, leave out “Criminal Procedure Rule Committee.”

Page 21, line 25, leave out “Engineering Construction Industry Training Board.”

Page 21, line 27, leave out “Environment Agency.”

Page 21, line 28, leave out “Family Procedure Rule Committee.”

Page 21, line 29, leave out “Film Industry Training Board for England and Wales.”

Page 21, line 30, leave out “Forestry Commissioners.”

Page 21, line 32, leave out “Gas and Electricity Markets Authority.”

Page 21, line 33, leave out “General Teaching Council for England.”

Page 22, line 1, leave out “Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.”

Page 22, line 2, leave out “Her Majesty’s Chief Inspector of Prisons.”

Page 22, line 3, leave out “Her Majesty’s Inspectorate of Probation for England and Wales.”

Page 22, line 4, leave out “Her Majesty’s Land Registry.”

Page 22, line 7, leave out “Homes and Communities Agency.”

Page 22, line 8, leave out “Horserace Betting Levy Appeal Tribunal for England and Wales constituted under section 29 of the Betting, Gaming and Lotteries Act 1963.”

Page 22, line 13, leave out “Human Fertilisation and Embryology Authority.”

Page 22, line 14, leave out “Human Tissue Authority.”

Page 22, line 16, leave out “Independent monitoring boards of prisons.”

Page 22, line 17, leave out “Independent Police Complaints Commission.”

Page 22, line 21, leave out “Information Commissioner.”

Page 22, line 22, leave out “Infrastructure Planning Commission.”

Page 22, line 23, leave out “Insolvency Practitioners Tribunal.”

Page 22, line 24, leave out “Internal drainage boards.”

Page 22, line 26, leave out “Investigatory Powers Tribunal (established under section 65 of the Regulation of Investigatory Powers Act 2000).”

Page 22, line 28, leave out “Joint Nature Conservation Committee.”

Page 22, line 29, leave out “Judicial Appointments and Conduct Ombudsman.”

Page 22, line 30, leave out “Judicial Appointments Commission.”

Page 22, line 34, leave out “Law Commission.”

Page 23, line 1, leave out “Legal Services Board.”

Page 23, line 5, leave out “Marine Management Organisation.”

Page 23, line 8, leave out “National Park authorities.”

Page 23, line 10, leave out “Natural England.”

Page 23, line 11, leave out “Nuclear Decommissioning Authority.”

Page 23, line 14, leave out “Office of Communications (“Ofcom”).”

Page 23, line 15, leave out “Office of Fair Trading (“OFT”).”

Page 23, line 17, leave out “Office of Qualifications and Examinations Regulation.”

Page 23, line 18, leave out “Office of Rail Regulation.”

Page 23, line 21, leave out “Parole Board.”

Page 23, line 22, leave out “Passengers’ Council (“Passenger Focus”).”

Page 23, line 24, leave out “Plant Varieties and Seeds Tribunal.”

Page 23, line 30, leave out “Public Records Office.”

Page 23, line 32, leave out “Qualifications and Curriculum Development Agency.”

Page 24, line 1, leave out “Regional Flood and Coastal Committees established under section 22 of the Floods and Water Management Act 2010.”

Page 24, line 3, leave out “Registrar of Public Lending Right.”

Page 24, line 5, leave out “School Support Staff Negotiating Body.”

Page 24, line 6, leave out “School Teachers’ Review Body.”

Page 24, line 8, leave out “Sea Fish Licence Tribunal.”

Page 24, line 9, leave out “Sentencing Council for England and Wales.”

Page 24, line 11, leave out “Sianel Pedwar Cymru (“S4C”).”

Page 24, line 12, leave out “Social Security Advisory Committee.”

Page 24, line 13, leave out “Standards Board for England.”

Page 24, line 16, leave out “The Trinity House.”

Page 24, line 19, leave out “Training and Development Agency for Schools.”

[Re-tabled as Amendment 166ZA]

Page 24, line 20, leave out “Tribunal Procedure Committee.”

Page 24, line 23, leave out “Valuation Tribunal for England.”

Page 24, line 25, leave out “Visiting Committees appointed for removal centres under section 152 of the Immigration and Asylum Act 1999.”

Page 24, line 28, leave out “Water Services Regulation Authority (“OFWAT”).”

Page 24, line 29, leave out “Young People’s Learning Agency for England.”

The above-named Lords give notice of their intention to oppose the Question that Schedule 7 be the Seventh Schedule to the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

Page 6, line 27, leave out paragraph (a)

Page 6, line 32, leave out paragraphs (c) and (d)

Page 9, line 6, at end insert—

“( ) The Secretary of State, in exercising functions under this section, must ensure that—

(a) existing rights of access are maintained;

(b) public rights of way are properly managed;

(c) land which is transferred to a new owner is properly managed for access purposes;

(d) any land which is transferred to a new owner which is not already accesss land is dedicated under section 16 of the Countryside and Rights of Way Act 2000 before the transfer takes place.”

The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.

Page 9, line 43, at end insert—

“( ) For the purposes of the objective referred to in subsection (7)(b), the Secretary of State must consider the extent to which functions affected by the order need to be exercised independently of the Secretary of State—

(a) because they require the exercise of professional or specialist expertise, or the making of decisions or giving of advice, by a person who is impartial as respects the Secretary of State’s policy, or

(b) because they involve establishing facts in relation to, or oversight or scrutiny of, the Secretary of State’s actions.”

Page 9, line 45, at end insert “the following conditions are satisfied”

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.

Insert the following new Clause—

“Consultation on orders under sections 17 and 18

(1) Where the Secretary of State proposes to make an order under section 17 or 18, the Secretary of State must consult—

(a) the Forestry Commissioners,

(b) such other persons as appear to the Secretary of State to be representative of interests substantially affected by the proposal, and

(c) such other persons as the Secretary of State considers appropriate.

(2) If, as a result of consultation under subsection (1), it appears to the Secretary of State appropriate to change the whole or part of the proposal, the Secretary of State must carry out such further consultation with respect to the changes as seems appropriate.

(3) It is immaterial for the purposes of this section whether consultation is carried out before or after the commencement of this section.”

Line 9, at end insert—

“(1A) Before making an order under this section, a Minister must publish a notice of the proposal, inviting responses—

(a) on the government website; and

(b) in such other ways that the Minister considers will bring it to the notice of appropriate persons.

(1B) Before an order is issued, the Minister must publish on the government website, and in such other ways as the Minister considers appropriate, a summary of the responses received under subsections (1) and (1A) and the Minister’s response to them.”

Line 10, leave out “subsection (1)” and insert “subsections (1) and (1A)”

Line 13, at end insert—

“(2A) If the Minister carries out further consultations under subsection (2), the requirements of subsections (1A) and (1B) apply.”

Insert the following new Clause—

“Procedure for orders under section 17

(1) An order under section 17 may not be made unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(2) The Secretary of State may not lay a draft of an instrument containing an order under section 17 before Parliament before the end of the period of twelve weeks beginning with the day on which consultation under section (Consultation on orders under sections 17 and 18) began in relation to the order.”

Insert the following new Clause—

“Procedure for orders under section 18

(1) If after consultation under section (Consultation on orders under sections 17 and 18) the Minister considers it appropriate to proceed with the making of an order under section 18, the Minister may lay before Parliament—

(a) a draft order, and

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce and give reasons for the draft order (including reasons relating to the objectives in section 18(7)),

(b) explain why the Minister considers that the conditions in section 18(8)(a) and (b) are satisfied, and

(c) contain a summary of representations received as a result of the consultation.

(3) The Minister may not act under subsection (1) before the end of the period of twelve weeks beginning with the day on which the consultation began.

(4) Subject as follows, if after the expiry of the 40-day period the draft order laid under subsection (1) is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the draft order.

(5) If within the 30-day period either House of Parliament so requires, the procedure in subsections (6) to (9) shall apply to the draft order instead of the procedure in subsection (4).

(6) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(7) If after the expiry of the 60-day period the draft order is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the draft order.

(8) If after the expiry of the 60-day period the Minister wishes to proceed with the draft order but with material changes, the Minister may lay before Parliament—

(a) a revised draft order, and

(b) a statement giving a summary of the changes proposed.

(9) If the revised draft order is approved by a resolution of each House of Parliament, the Minister may make an order in the terms of the revised draft order.

(10) For the purposes of this section an order is made in the terms of a draft order or revised draft order if it contains no material changes to its provisions.”

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

Insert the following new Clause—

“Restrictions on ministerial powers

(1) The powers conferred by this Act must be exercised in a way which—

(a) is compatible with judicial independence and the exercise of judicial functions, including a judicial function conferred on a person other than a court or tribunal;

(b) is compatible with human rights and freedoms, whether they are protected by statute or by common law or equity; and

(c) uses proportionate means to attain the objectives prescribed by section 8(1).

(2) Where the nature and activities of a public body or office require the establishing of facts or the giving of expert advice independently and impartially, the powers conferred by the Act must be exercised in a way which ensures that the public body or office remains able to act in accordance with those requirements.”

Page 10, line 15, at end insert “, or

( ) a power to share personal data”

Page 10, line 31, after “evidence,” insert—

“( ) a power to share personal data,”

Page 14, line 7, at end insert—

“( ) If each House of Parliament passes a resolution that an order made under this Act shall have effect with a specified amendment, the order shall have effect as amended, with effect from—

(a) such time, after the passing of the resolutions, as may be specified in them, or

(b) if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed).”

Page 14, line 7, at end insert—

“( ) Each order made under this Act may only apply to a single body or office.”

Page 14, line 10, leave out subsection (4)

Insert the following new Clause—

“Annual report

(1) A Minister must report annually to Parliament on the exercise of the powers under sections 1 to 6, 11, 13 and 17 to 19.

(2) A Minister must lay a statement in either House within 60 days of—

(a) a resolution of either House of Parliament; or

(b) a recommendation of a committee of either House of Parliament,

in respect of the annual report laid before Parliament under subsection (1).”

Page 14, line 34, at end insert—

“(2) In this Act, references to the “30-day”, “40-day” and “60-day” periods in relation to any draft order are to the periods of 30, 40 and 60 days beginning with the day on which the draft order was laid before Parliament.

(3) For the purposes of subsection (2) no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

Leave out Clause 30 and insert the following new Clause—

“Commencement

(1) Subject to subsection (2) this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2) An order under subsection (1) can not be made unless, at least one month before making the order, the Minister has laid before Parliament a statement outlining—

(a) how, and by whom, the functions of the bodies listed in Schedules 1 to 6 are to be carried out in future; and

(b) the expected costs and liabilities associated with the proposed changes to the bodies listed in Schedules 1 to 6.”

Insert the following new Clause—

“Duration of this Act

This Act will expire at the end of the period of 5 years beginning with the day on which it comes into force.”