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Lord Hunt of Kings Heath moved Amendment No. 123:


The noble Lord said: My Lords, this is a group of amendments which are purely minor corrections or consequential amendments to other legislation. I beg to move.

On Question, amendment agreed to.

Lord Hunt of Kings Heath moved Amendment No. 124:


    Page 52, line 14, leave out ("registration") and insert ("appropriate").

On Question, amendment agreed to.

Clause 86 [Suspension of duty under section 87(3) of the 1989 Act]:

Lord Hunt of Kings Heath moved Amendments Nos. 125 to 134:


    Page 53, line 22, leave out ("registration") and insert ("appropriate").


    Page 53, line 25, leave out ("registration") and insert ("appropriate").


    Page 53, line 27, leave out ("registration") and insert ("appropriate").


    Page 53, line 30, leave out ("registration") and insert ("appropriate").


    Page 53, line 42, leave out ("registration") and insert ("appropriate").


    Page 53, line 44, leave out ("registration") and insert ("appropriate").


    Page 53, line 48, leave out ("registration") and insert ("appropriate").


    Page 54, line 2, leave out ("registration") and insert ("appropriate").


    Page 54, line 4, leave out ("registration") and insert ("appropriate").


    Page 54, line 21, leave out ("registration") and insert ("appropriate").

On Question, amendments agreed to.

28 Mar 2000 : Column 784

Clause 87 [Boarding schools: national minimum standards]:

Lord Hunt of Kings Heath moved Amendment No. 135:


    Page 54, line 33, leave out ("registration") and insert ("appropriate").

On Question, amendment agreed to.

Clause 88 [Annual fee for boarding school inspections]:

Lord Hunt of Kings Heath moved Amendments Nos. 136 and 137:


    Page 54, line 45, leave out ("registration") and insert ("appropriate").


    Page 55, line 2, leave out ("registration") and insert ("appropriate").

On Question, amendments agreed to.

Clause 91 [Nurses Agencies]:

[Amendment No. 138 not moved.]

Lord Hunt of Kings Heath moved Amendments Nos. 139 and 140:


    After Clause 92, insert the following new clause--

SCHEMES FOR THE TRANSFER OF STAFF

(" .--(1) This section and the next apply to a scheme made under section 37, 67 or 69(2A) for transferring eligible employees.
(2) Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.
(3) Such a scheme may be made by the appropriate Minister, and a recommendation may be made to Her Majesty in Council to make an Order containing such a scheme, only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.").


    After Clause 92, insert the following new clause--

EFFECT OF SCHEMES

(" .--(1) The contract of employment of an employee transferred under the scheme--
(a) is not terminated by the transfer; and
(b) has effect from the date of transfer as if originally made between the employee and the transferee.
(2) Where an employee is transferred under the scheme--
(a) all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer; and
(b) anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
This subsection does not prejudice the generality of subsection (1).
(3) Subsections (1) and (2) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

28 Mar 2000 : Column 785


(4) Where an employee objects as mentioned in subsection (3), his contract of employment with the old employer is terminated immediately before the date of transfer; but he is not to be treated, for any purpose, as having been dismissed by that employer.
(5) This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
(6) In this section--
"date of transfer" means the date of transfer determined under the scheme in relation to the employee;
"transferee" means the new employer to whom the employee is or would be transferred under the scheme;
and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.").

On Question, amendments agreed to.

Clause 95 [Orders and regulations]:

Lord Hunt of Kings Heath moved Amendments Nos. 141 and 142:


    Page 57, line 5, leave out ("of the Secretary of State") and insert ("conferred on the Secretary of State, the Assembly").


    Page 57, line 6, after ("Act") insert ("except an order under section 37 or 69(2A)").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 143:


    Page 57, line 7, at end insert--


("(1A) An order making any provision by virtue of section 96(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.").

The noble Earl said: My Lords, I brought forward an amendment in Committee which required the order-making power in subsection (2) of what is now Clause 96 to be made by the affirmative procedure. The Minister was kind enough to accept my amendment in principle but offered to suggest an alternative form of wording. This he has done and my Amendments Nos. 143, 144 and 145 are the result. I am most grateful to him for his help in this matter.

It may be for the convenience of the House if I explain that the amendment to Clause 95(1) requires orders under Clause 96(2), which are made by the Secretary of State in relation to England and which change an Act, to be subject to the affirmative procedure. It does not therefore bite on regulations made by the National Assembly for Wales. This is because the Government of Wales Act 1998 gives the National Assembly the power to decide its own procedure in respect of making subordinate legislation. I beg to move.

Lord Hunt of Kings Heath: My Lords, I am most grateful to the noble Earl. I am very happy to accept the amendments.

On Question, amendment agreed to.

28 Mar 2000 : Column 786

Earl Howe moved Amendments Nos. 144 and 145:


    Page 57, line 8, leave out ("Any such statutory instrument") and insert ("Subject to subsection (1A), an instrument containing regulations or an order").


    Page 57, line 9, leave out from ("98") to ("shall") in line 10.

On Question, amendments agreed to.

Lord Hunt of Kings Heath moved Amendments Nos. 146 and 147:


    Page 57, line 13, leave out from ("the") to end of line and insert ("Assembly to make regulations or an order under this Act; and subsections (4) and (5) apply to any power of Her Majesty to make an Order in Council under section 67").


    Page 57, line 28, leave out ("Minister") and insert ("person exercising the power").

On Question, amendments agreed to.

Clause 96 [Supplementary and consequential provision etc.]:

Lord Hunt of Kings Heath moved Amendment No. 148:


    Page 57, line 35, leave out (", instrument or document") and insert ("or instrument").

The noble Lord said: My Lords, the noble Earl, Lord Howe, and the noble Lord, Lord Jenkin, asked in Committee why the term "document" was included in Clause 96(2). This clause provides the power to make any transitional or consequential amendments to other legislation to assist with the implementation of this Bill. Having reflected on the matter, I cannot envisage a situation where we would want the Secretary of State to amend any "documents" by order and Amendment No. 148 simply removes the term "document" from that clause. I beg to move.

Lord Jenkin of Roding: My Lords, I rise merely to say, "Thank you very much".

On Question, amendment agreed to.

Clause 97 [General interpretation etc.]:


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