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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 Second 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 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.")
 
  
Clause 5
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
46     Page 4, line 17, leave out ("appear to him to be") and insert ("are") 
47     Page 4, line 20, leave out ("appear to him to be") and insert ("are") 
  
BY THE LORD NORTON OF LOUTH
 
48     Page 4, line 26, leave out paragraph (e) and insert--
    ("(e)  publish an invitation to all interested parties to make submissions")
 
49     Page 4, line 30, at end insert--
 
    ("(  )  The period for consultation under subsection (1) shall be a minimum of eight weeks from the time of publication of the invitation to make submissions.")
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
50     Page 4, line 31, leave out ("it appears to the Minister") 
51     Page 4, line 32, leave out ("that") 
52     Page 4, line 33, leave out ("he") and insert ("the Minister") 
  
Clause 6
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
53     Page 5, line 2, leave out ("the existing law") and insert ("legislation") 
  
BY THE LORD GOODHART
 
54     Page 5, line 6, leave out (", (c)") 
  
BY THE LORD PHILLIPS OF SUDBURY
 
55     Page 5, line 16, leave out ("1(1)(c) and") 
  
BY THE LORD GOODHART
 
56     Page 5, line 16, leave out ("1(1)(c)") and insert ("1(1A)") 
  
BY THE LORD PHILLIPS OF SUDBURY
 
57     Page 5, line 26, at end insert ("including the means and timescale") 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
58     Page 5, line 29, at end insert (", and
    (  )  a statement analysing the impact on persons likely to be affected by the provisions of the proposed order")
 
  
After Clause 6
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
59     Insert the following new Clause-- 
     ("  .  If, after the conclusion of--
    (a)  the consultation required by section 5(1), and
    (b)  any further consultation undertaken as mentioned in section 5(3),
the Minister considers it appropriate to proceed with the making of an order under section 1, he shall lay before Parliament a document containing his proposals in the form of a draft of the order, together with a Regulatory Impact Assessment.")
Regulatory Impact Assessment.
  
Clause 7
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
60     Page 5, line 32, after ("(3),") insert ("or, where the information contained in the representations relates to any other person or business, the person to whom the information relates or the person for the time being carrying on the business,") 
61     Page 5, line 35, leave out from ("6(2)(k),") to ("shall") in line 36 
62     Page 5, line 38, after ("respondent") insert (", if the respondent has made the request mentioned in subsection (1),") 
63     Page 5, line 41, after ("business") insert ("if either of such persons has made the request mentioned in subsection (1)") 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
64     Page 6, line 6, leave out subsection (4) 
  
Clause 8
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
65     Page 6, line 11, leave out subsections (1) to (3) 
  
BY THE LORD NORTON OF LOUTH
 
66     Page 6, line 17, leave out ("of sixty days beginning on") and insert ("taken by Parliament to complete its consideration of the draft order, which shall be no shorter than forty days, and no more than ninety days, from") 
67     Page 6, line 19, leave out ("sixty") 
  
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 8 stand part of the Bill. 
  
Clause 9
 
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
68     Page 7, line 3, leave out from ("improved") to end of line 4 
69     Page 7, line 7, at end insert (",  including any rule of procedure") 
70     Page 7, line 9, after ("practice") insert (",  including rules of procedure,") 
71     Page 7, line 12, after ("practice") insert (",  including rules of procedure,") 
72     Page 7, line 20, at end insert ("as regards any rule of procedure") 
73     Page 7, line 21, leave out ("may take the") and insert ("shall not, either save as any rule of procedure may require or save as regards any sanction to be imposed may be just, take such") 
  
BY THE LORD VINSON
THE LORD FREEMAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. 
  
Clause 10
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
74     Page 8, line 19, leave out subsections (4) to (7) 
  
BY THE LORD VINSON
THE LORD FREEMAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. 
  
Clause 11
 
  
BY THE LORD VINSON
THE LORD FREEMAN
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill. 
  
Clause 12
 
  
BY THE LORD VINSON
THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
75     Page 9, line 7, leave out ("5 of, and Schedule 1 to,") and insert ("4 of") 
  
After Clause 12
 
  
BY THE LORD GOODHART
THE LORD DAHRENDORF
 
76     Insert the following new Clause-- 
     ("  .  A Minister of the Crown shall lay before both Houses of Parliament at least once in every 12 months a report on the working of this Act.")Report to Parliament.
  
BY THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE EARL OF NORTHESK
 
77     Insert the following new Clause-- 
     ("  .--(1)  This Act shall continue in force for five years and shall then expire, subject to the following provisions of this section.
 
    (2)  The Secretary of State may by order made by statutory instrument provide for all or any of the provisions of this Act to continue in force for a period not exceeding five years from the coming into operation of the order.
 
    (3)  No order shall be made under subsection (2) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
 
    (4)  Such order shall be accompanied by a report laid before Parliament on the operation of the Act.")
Duration.
78     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2) this Act will cease to have effect at the end of the period of five years beginning on the day on which it is passed.
 
    (2)  The Secretary of State may, in the year immediately preceding the expiry of this Act, by order extend the effect of this Act for a further period of five years.
 
    (3)  An order made under subsection (2) shall be made by statutory instrument.
 
    (4)  No such order shall be made unless a draft of the order has been laid before each House of Parliament, together with a report by the Minister for the Cabinet Office on the use of the powers under this Act since this Act came into force or the date of the last such report, whichever is the later, and such draft has been approved by a resolution of each House of Parliament.")
Duration (No.2).
  
Clause 13
 
  
BY THE LORD VINSON
THE LORD FREEMAN
 
78A*     Page 9, line 25, at beginning insert--
 
    ("(  )  In sub-paragraph 3(a) of Schedule 1 to the 1994 Act, omit "(i) that he is considering taking the action and the reasons why he is considering it" and substitute "(i) that he intends to take action and the reasons why"")
 
  
After Clause 13
 
  
BY THE LORD SKELMERSDALE
 
79     Insert the following new Clause-- 
     ("  .--(1)  This Act may be amended by order made by statutory instrument.
 
    (2)  An order under subsection (1) shall be laid in draft before, and approved by a resolution of, each House of Parliament.
 
    (3)  Before laying an order under this section, the Secretary of State shall carry out the procedures set out in--
    (a)  section 5(1)(a), (c), (d) and (e),
    (b)  section 6(1) with the omission of the words "together with details of the matters specified in subsection (2)",
    (c)  section 7, and
    (d)  section 8,
above.")
Amendment.
80     Insert the following new Clause-- 
     ("  .--(1)  This Act shall continue in force until it is repealed by order made by statutory instrument.
 
    (2)  An order under subsection (1) shall be laid in draft before, and approved by a resolution of, each House of Parliament.
 
    (3)  Before laying an order under this section, the Secretary of State shall carry out the procedures set out in--
    (a)  section 5(1)(a), (c), (d) and (e),
    (b)  section 6(1) with the omission of the words "together with details of the matters specified in subsection (2)",
    (c)  section 7, and
    (d)  section 8,
above.")
Repeal.
  
Clause 15
 
  
BY THE LORD SKELMERSDALE
 
81     Page 10, line 12, leave out ("may") and insert ("shall") 
 
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Prepared 24 January 2001