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Amendments to the Regulatory Reform Bill [H.L.]

Regulatory Reform Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Regulatory Reform Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
1     Page 1, line 8, leave out ("affecting") and insert ("upon") 
2     Page 1, line 9, leave out ("with a view to") and insert ("for the sole purpose of achieving") 
  
BY THE LORD PHILLIPS OF SUDBURY
 
3*     Page 1, line 12, leave out paragraphs (b) and (c) and insert
    ("(b)  the continuance of any of those burdens,
    (c)  the alteration or increase of any of those burdens or creation of new burdens, and")
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
4     Page 1, line 13, after ("is") insert ("necessary and") 
5     Page 1, line 14, at end insert ("and strikes a fair balance between the public interest and the interests of the persons affected by it") 
  
BY THE LORD GOODHART
THE LORD NORTON OF LOUTH
 
6     Page 1, line 15, leave out paragraph (c) 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
7     Page 1, line 18, after first ("is") insert ("necessary and") 
8     Page 1, line 19, after ("creation") insert ("and strikes a fair balance between the public interest and the interests of the persons affected by it") 
  
BY THE LORD GOODHART
 
9     Page 1, line 20, at end insert--
 
    ("(1A)  An order made under this section may make new provision having the effect of imposing a burden which--
    (a)  affects any person in the carrying on of an activity, but
    (b)  is proportionate to the benefit which is expected to result from the removal or reduction of other burdens in consequence of the order.")
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
10     Page 1, line 20, at end insert--
 
    ("(1A)  Subject to the procedural requirements of subsection (1B) below, no provision may be made under subsection (1) above (other than by remit conferred by statute) to impose any offence, obligation, liability or administrative control not in force on the date on which this Act takes effect which involves the burden of any sanction, or to increase the burden of any sanction, in force on the date on which this Act takes effect.
 
    (1B)  The procedural requirements before any provision referred to in subsection (1A) above may be made are--
    (a)  that the Minister seeking to make such provision shall have laid a draft order in both Houses of Parliament;
    (b)  that a report shall have been received either from a Select Committee of each House of Parliament, or from a Joint Select Committee of both Houses of Parliament, as to whether such provision would be required and the burden would be proportionate to the benefit, whether such a provision would be appropriate in all the circumstances; and if so whether the order should be subject to any sunset provision;
    (c)  that both Houses of Parliament shall have debated and approved the making of such order as laid in draft, or (if so advised) as amended.
    (1C)  The provisions of this section shall not prevent consolidation of subordinate legislation if within the remit conferred by statute.")
 
  
BY THE VISCOUNT GOSCHEN
 
11*     Page 1, line 23, after ("Act") insert (", save for this Act,") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
12     Page 1, line 23, leave out ("(whether or not in force)") 
13     Page 1, line 23, leave out from ("passed") to ("or") in line 24 and insert ("before this Act,") 
  
BY THE LORD NORTON OF LOUTH
 
14     Page 1, line 23, leave out ("two") and insert ("three") 
15*     Page 2, line 18, leave out ("includes") and insert ("is confined to") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
16     Page 2, line 20, leave out paragraph (b) 
17*     Page 2, line 21, after ("burden") insert ("within the meaning of section 2(1)") 
18*     Page 2, line 22, leave out ("only") 
19     Page 2, line 25, leave out ("the Minister thinks") and insert ("is") 
  
BY THE LORD NORTON OF LOUTH
 
20*     Page 2, line 25, leave out ("the Minister thinks appropriate") and insert ("is necessary to achieve one or more of the objects contained in section 1(1)") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. 
  
Clause 2
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
21     Page 2, line 28, leave out ("includes") and insert ("means") 
22     Page 2, line 29, after ("condition") insert ("(being any proviso, qualification or stipulation which has the effect of restricting any activity referred to in subsection (1) of section 1)") 
23     Page 2, line 30, leave out ("or preventing the incurring of expenditure") 
24     Page 2, line 33, leave out paragraph (b) 
25*     Page 2, line 35, leave out ("only") 
  
BY THE LORD NORTON OF LOUTH
THE LORD SKELMERSDALE
 
26     Page 2, line 36, at end insert ("nor any burden contained within an Act of Parliament affecting the powers, privileges, tenure or responsibilities of the Crown, Her Majesty's Courts or either House of Parliament") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. 
  
Clause 3
 
  
BY THE LORD GOODHART
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
27     Page 3, line 1, leave out from ("if") to third ("the") in line 2 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
28     Page 3, line 3, after ("protection") insert ("or create or extend any measure of protection for the benefit of any person greater than that which shall be necessary in order to achieve the objects set out in subsection (1) of section 1") 
  
BY THE LORD PHILLIPS OF SUDBURY
 
29*     Page 3, line 6, leave out subsection (2) and insert--
 
    ("(2)  An order under section 1(1)(b) or (c) may only be made if--
    (a)  the provisions of the order, taken as a whole, strike a fair balance between the public interest and the interests of the persons burdened by it, and
    (b)  the burdens under the order are proportionate to the public benefit which is expected to result from their imposition.")
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
30     Page 3, line 7, after ("if") insert ("it is necessary in order to achieve the objects set out in subsection (1) of section 1 and") 
  
BY THE LORD GOODHART
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
31     Page 3, line 7, leave out ("the Minister is of the opinion that") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
32     Page 3, line 7, at end insert ("burden or burdens created by the") 
33     Page 3, line 8, leave out (", taken as a whole,") 
34     Page 3, line 8, after ("whole,") insert ("are proportionate and") 
  
BY THE LORD NORTON OF LOUTH
 
35*     Page 3, line 8, leave out from ("whole,") to end of line 10 and insert ("are in the public interest and that the public interest substantially outweighs the interests of the persons affected by the burden being created") 
  
BY THE LORD GOODHART
 
36     Page 3, line 15, at end insert (", or
    (c)  in the case of a new criminal offence which replaces an existing offence, with any sentence greater than the maximum which could have been imposed for the existing offence")
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
37*     Page 3, line 30, at end insert--
 
    ("(6)  An order under section 1 must be followed two years later with a report to Parliament giving the actual cost of implementation compared to the original estimated cost, and if the actual cost is more than 25 per cent. higher than originally estimated, the Minister is to take the necessary steps to annul the order.")
 
  
Clause 4
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
38     Page 3, line 32, leave out ("Subject to subsection (6),") 
  
BY THE LORD PHILLIPS OF SUDBURY
 
39*     Page 3, line 34, at end insert ("subject to such amendment or amendments as both Houses shall agree upon in respect of any order under section 1(1)(b) or (c)") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
THE LORD NORTON OF LOUTH
 
40     Page 3, line 35, leave out subsections (3) to (7) 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
41     Page 3, line 40, leave out ("contains a statement that it") 
42     Page 3, line 44, leave out ("consequential,") 
43     Page 3, line 44, leave out ("transitional or supplemental") and insert ("or transitional") 
44     Page 4, line 1, leave out subsection (5) 
  
BY THE LORD BORRIE
 
45     Page 4, line 11, leave out from ("order") to end of line 13 and insert ("if--
    (a)  it is not made by a Minister of the Crown,
    (b)  the order designating the subordinate provisions concerned ("the main order") provides that the subordinate provisions order shall be subject to annulment in pursuance of a resolution of either House of Parliament, or
    (c)  the main order provides that the subordinate provisions order--
          (i)  is to be laid before Parliament after being made; and
          (ii)  is to cease to have effect at the end of the relevant period unless before the end of that period it is approved by a resolution of each House of Parliament (but without that affecting anything done under it or the power to make a new order).
    (6A)  In subsection (6)(c) "relevant period" means a period of twenty-eight days beginning with the day on which the subordinate provisions order is made.
 
    (6B)  In reckoning the period of twenty-eight days referred to in subsection (6A), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
 
    (6C)  For the purposes of section 5(1) of the Statutory Instruments Act 1946, provision falling within subsection (6)(b) is to be treated as provision made by an Act.")
 
 
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Prepared 22 January 2001