A BILL [AS AMENDED IN STANDING COMMITTEE A] TO
Enable provision to be made for the purpose of reforming legislationremoving or reducing burdens
resulting from legislation, promoting regulatory principles and
implementing recommendations of the Law Commission, the Scottish Law
Commission and the Northern Ireland Law Commission; to make provision
about the exercise of regulatory functions; to make provision about the
interpretation of legislation relating to the European Communities and the
European Economic Area; to make provision relating to section 2(2) of the
European Communities Act 1972; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:--
Page,Line
1, 1 : PART 1
1, 2 : POWER TO REFORM LEGISLATION ETC
1, 3 : Order-making power
1, 4 : 1 Purpose
1, 5 : (1) A Minister of the Crown may by order make provision for either or both of the
1, 6 : following purposes--
1, 7 : (a) reforming legislation;
1, 8 : (b) implementing recommendations of any one or more of the United
1, 9 : Kingdom Law Commissions, with or without changes.
1,10 : (2) An order under this section must be made in accordance with this Part.
1,11 : (3) In this Part "legislation" means a provision of--
1,12 : (a) any public general Act or local Act, or
2, 1 : (b) any Order in Council, order, rules, regulations, scheme, warrant,
2, 2 : byelaw or other subordinate instrument made under a public general
2, 3 : Act or local Act,
2, 4 : but does not include any instrument which is, or is made under, Northern
2, 5 : Ireland legislation.
2, 6 : (4) In this Part "the United Kingdom Law Commissions" means--
2, 7 : (a) the Law Commission;
2, 8 : (b) the Scottish Law Commission; and
2, 9 : (c) the Northern Ireland Law Commission.
2,10 : 2 Provision
2,11 : (1) An order under section 1 may for either purpose specified in subsection (1) of
2,12 : that section make provision amending, repealing or replacing any legislation.
2,13 : (2) Provision under subsection (1) may amend, repeal or replace legislation in any
2,14 : way that an Act might, and in particular may amend, repeal or replace
2,15 : legislation so as to--
2,16 : (a) confer functions on any person (including functions of legislating or
2,17 : functions relating to the charging of fees);
2,18 : (b) modify the functions conferred on any person by legislation;
2,19 : (c) transfer, or provide for the transfer or delegation of, the functions
2,20 : conferred on any person by legislation.
2,21 : This is subject to sections 4 to 7.
2,22 : (3) An order under section 1 may for the purpose specified in subsection (1)(b) of
2,23 : that section also make--
2,24 : (a) provision amending or abolishing any rule of law;
2,25 : (b) provision codifying rules of law.
2,26 : (4) An order under section 1 may make such consequential, supplementary,
2,27 : incidental or transitional provision (including provision amending, repealing
2,28 : or replacing any legislation or other provision) as the Minister making it
2,29 : considers appropriate.
2,30 : (5) An order under section 1 may bind the Crown.
*Power to remove or reduce burdens*
To move the following Clause:--
`(1) A Minister of the Crown may by order under this section make any provision which
he considers would serve the purpose in subsection (2).
(2) That purpose is removing or reducing any burden, or the overall burdens, resulting
directly or indirectly for any person from any legislation.
(3) In this section "burden" means any of the following--
(a) a financial cost;
(b) an administrative inconvenience;
(c) an obstacle to efficiency, productivity or profitability; or
(d) a sanction, criminal or otherwise, for doing or not doing anything in the
course of any activity.
(4) Provision may not be made under subsection (1) in relation to any burden which
affects only a Minister of the Crown or government department, unless it affects
the Minister or department in the exercise of a regulatory function.
(5) For the purposes of subsection (2), a financial cost or administrative inconvenience
may result from the form of any legislation (for example, where the legislation is
hard to understand).
(6) In this section "legislation" means any of the following or a provision of any of the
following--
(a) a public general Act or local Act (whether passed before or after the
commencement of this section), or
(b) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or
other subordinate instrument made at any time under an Act referred to in
paragraph (a),
but does not include any instrument which is, or is made under, Northern Ireland
legislation.
(7) Subject to this Part, the provision that may be made under subsection (1)
includes--
(a) provision conferring functions on any person (including functions of
legislating or functions relating to the charging of fees),
(b) provision modifying the functions conferred on any person by any
enactment,
(c) provision transferring, or providing for the transfer or delegation of, the
functions conferred on any person by any enactment,
(d) provision abolishing a body or office established by or under an enactment,
and provision made by amending or repealing any enactment.
(8) An order under this section may contain such consequential, supplementary,
incidental or transitional provision (including provision made by amending or
repealing any enactment or other provision) as the Minister making it considers
appropriate.
(9) An order under this section may bind the Crown.
(10) An order under this section must be made in accordance with this Part.'
*Power to promote regulatory principles*
To move the following Clause:--
`(1) A Minister of the Crown may by order under this section make any provision which
he considers would serve the purpose in subsection (2).
(2) That purpose is securing that regulatory functions are exercised so as to comply
with the principles in subsection (3).
(3) Those principles are that--
(a) regulatory activities should be carried out in a way which is transparent,
accountable, proportionate and consistent;
(b) regulatory activities should be targeted only at cases in which action is
needed.
(4) Subject to this Part, the provision that may be made under subsection (1) for the
purpose in subsection (2) includes--
(a) provision modifying the way in which a regulatory function is exercised
by any person,
(b) provision amending the constitution of a body exercising regulatory
functions which is established by or under under an enactment,
(c) provision transferring, or providing for the transfer or delegation of, the
regulatory functions conferred on any person,
(d) provision creating a new body to which, or a new office to the holder of
which, functions are transferred under paragraph (c),
(e) provision abolishing a body or office established by or under an enactment,
and provision made by amending or repealing any enactment.
(5) An order under this section may contain such consequential, supplementary,
incidental or transitional provision (including provision made by amending or
repealing any enactment or other provision) as the Minister making it considers
appropriate.
(6) An order under this section may bind the Crown.
(7) An order under this section must be made in accordance with this Part.'
*Power to implement Law Commission recommendations*
To move the following Clause:--
`(1) A Minister of the Crown may by order under this section make any provision which
he considers would serve the purpose in subsection (2).
(2) That purpose is the implementation of recommendations of any one or more of the
United Kingdom Law Commissions, with or without changes.
(3) In this Part "the United Kingdom Law Commissions" means--
(a) the Law Commission;
(b) the Scottish Law Commission; and
(c) the Northern Ireland Law Commission.
(4) Subject to this Part, the provision that may be made under subsection (1)
includes--
(a) provision amending or abolishing any rule of law,
(b) provision codifying rules of law,
(c) provision conferring functions on any person (including functions of
legislating or functions relating to the charging of fees),
(d) provision modifying the functions conferred on any person by any
enactment,
(e) provision transferring, or providing for the transfer or delegation of, the
functions conferred on any person by any enactment,
(f) provision abolishing a body or office established by or under an enactment,
and provision made by amending or repealing any enactment.
(5) An order under this section may contain such consequential, supplementary,
incidental or transitional provision (including provision made by amending or
repealing any enactment or other provision) as the Minister making it considers
appropriate.
(6) An order under this section may bind the Crown.
(7) An order under this section must be made in accordance with this Part.'
2,31 : 3 Preconditions
2,32 : (1) A Minister may not make an order under section 1 containing--
provision under section (Power to remove or reduce burdens)(1), (Power to promote
regulatory principles)(1) or (Power to implement Law Commission recommendations)(1)
2,33 : (a) provision under section 2(1), other than provision which merely
2,34 : restates legislation, or
2,35 : (b) provision under section 2(3)(a),
2,36 : unless he considers that the conditions in subsection (2), where relevant, are
2,37 : satisfied in relation to that provision.
2,38 : (2) Those conditions are that--
2,39 : (a) the policy objective intended to be secured by the provision could not
2,40 : be satisfactorily secured by non-legislative means;
2,41 : (b) the effect of the provision is proportionate to the policy objective;
2,42 : (c) the provision, taken as a whole, strikes a fair balance between the
2,43 : public interest and the interests of any person adversely affected by it;
2,44 : (d) the provision does not remove any necessary protection;
3, 1 : (e) the provision does not prevent any person from continuing to exercise
3, 2 : any right or freedom which that person might reasonably expect to
3, 3 : continue to exercise.
(2A) Subsection (1) does not apply in relation to--
(a) provision under section (Power to remove or reduce burdens)(1), (Power
to promote regulatory principles)(1) or (Power to implement Law
Commission recommendations)(1) which merely restates an enactment; or
(b) provision under section (Power to implement Law Commission
recommendations)(1) which codifies a rule of law.
3, 4 : (3) A Minister may not make an order under section 1 containing--
(a) provision under section (Power to remove or reduce burdens)(1), (Power
to promote regulatory principles)(1) or (Power to implement Law
Commission recommendations)(1) which merely restates an enactment, or
(b) provision under section (Power to implement Law Commission
recommendations)(1) which codifies a rule of law,
3, 5 : (a) provision under section 2(1) which merely restates legislation, or
3, 6 : (b) provision under section 2(3)(b),
3, 7 : unless he considers that the condition in subsection (4) is satisfied in relation to
3, 8 : that provision.
3, 9 : (4) That condition is that the provision made would make the law more accessible
3,10 : or more easily understood.
3,11 : Restrictions
3,12 : 4 Subordinate legislation
3,13 : An
order under this Part may not make provision to (1) Provision under section 2(1) may not confer a function of legislating on a
3,14 : Minister of the Crown (alone or otherwise) unless the conditions in subsections
3,15 : (2) and (3) are satisfied.
3,16 : (2) The condition in this subsection is that the function is exercisable by statutory
3,17 : instrument.
3,18 : (3) The condition in this subsection is that such a statutory instrument--
3,19 : (a) is subject to annulment in pursuance of a resolution of either House of
3,20 : Parliament; or
3,21 : (b) is not to be made unless a draft of the statutory instrument has been laid
3,22 : before and approved by a resolution of each House of Parliament.
3,23 : (4) Subsection (1) does not apply to provision which merely restates legislationan enactment.
3,24 : 5 Taxation
3,25 : An
order under this Part may not make provision to (1) Provision under section 2(1) may not impose or increase taxation.
3,26 : (2) Subsection (1) does not apply to provision which merely restates legislationan enactment.
3,27 : 6 Criminal penalties
3,28 : An order
under this Part may not make provision to (1) Provision under section 2(1) may not create a new offence that is punishable,
3,29 : or increase the penalty for an existing offence so that it is punishable--
3,30 : (a) on indictment, with imprisonment for a term exceeding two years; or
3,31 : (b) on summary conviction, with--
3,32 : (i) imprisonment for a term exceeding the normal maximum term;
3,33 : or
3,34 : (ii) a fine exceeding level 5 on the standard scale.
3,35 : (2) In subsection (1)(b)(i), "the normal maximum term" means--
3,36 : (a) in relation to England and Wales--
3,37 : (i) in the case of a summary offence, 51 weeks; and
3,38 : (ii) in the case of an offence triable either way, twelve months; and
3,39 : (b) in relation to Scotland or Northern Ireland, six months.
4, 1 : (3) In the case of an offence which, if committed by an adult, is triable either on
4, 2 : indictment or summarily and is not an offence triable on indictment only by
4, 3 : virtue of--
4, 4 : (a) Part 5 of the Criminal Justice Act 1988 (c. 33), or
4, 5 : (b) section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995
4, 6 : (c. 46),
4, 7 : the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard
4, 8 : scale is to be construed as a reference to the statutory maximum.
4, 9 : (4) If an order under section 1 containing provision under section 2(1) this Part
making provision creating an
4,10 : offence, or altering the penalty for an offence, is made before the date on which
4,11 : section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, the order
4,12 : must provide that, in relation to a summary offence committed before that
4,13 : date, any reference to a term of imprisonment of 51 weeks is to be read as a
4,14 : reference to six months.
4,15 : (5) If an order under section 1 containing provision under section 2(1) this Part
making provision creating an
4,16 : offence, or altering the penalty for an offence, is made before the date on which
4,17 : section 154(1) of the Criminal Justice Act 2003 comes into force, the order must
4,18 : provide that, in relation to an offence triable either way committed before that
4,19 : date, any reference to a term of imprisonment of twelve months is to be read as
4,20 : a reference to six months.
4,21 : (6) Subsection (1) does not apply to provision--
4,22 : (a) which merely restates legislationan enactment;
4,23 : (b) to the extent that it implements recommendations of any one or more
4,24 : of the United Kingdom Law Commissions.
4,25 : 7 Forcible entry etc
4,26 : (1) Provision under section 2(1) may not--
4,27 : (a) authorise any forcible entry, search or seizure; or
4,28 : (b) compel the giving of evidence.
4,29 : (2) Subsection (1) does not prevent an order under section 1this Part from extending any
4,30 : power for purposes similar to those to which the power applied before the
4,31 : order was made.
4,32 : (3) Subsection (1) does not apply to provision--
4,33 : (a) which merely restates legislationan enactment;
4,34 : (b) to the extent that it implements recommendations of any one or more
4,35 : of the United Kingdom Law Commissions.
4,36 : Devolution
4,37 : 8 Scotland
4,38 : An order under section 1 may not, except by virtue of section 2(4), this Part
may not, except by virtue of section (Power to remove or reduce burdens)(8), (Power to
promote regulatory principles)(5) or (Power to implement Law Commission
recommendations)(5), make
4,39 : provision which would be within the legislative competence of the Scottish
4,40 : Parliament if it were contained in an Act of that Parliament.
4,41 : 9 Wales
4,42 : An order under section 1this Part may not make any provision--
5, 1 : (a) conferring a function on the Assembly,
5, 2 : (b) modifying or removing a function of the Assembly, or
5, 3 : (c) restating any provision which confers a function on the Assembly,
5, 4 : except with the agreement of the Assembly.
5, 5 : Procedure
*Northern Ireland*
To move the following Clause:--
`An order under this Part may not, except by virtue of section (Power to remove or
reduce burdens)(8), (Power to promote regulatory principles)(5) or (Power to
implement Law Commission recommendations)(5), make provision to amend or
repeal any Northern Ireland legislation.'
5, 6 : 10 Procedure: introductory
5, 7 : (1) An order under section 1this Part must be made by statutory instrument.
5, 8 : (2) A Minister may not make an order under section 1this Part unless--
5, 9 : (a) he has consulted in accordance with section 11;
5,10 : (b) following that consultation, he has laid a draft order and explanatory
5,11 : document before Parliament in accordance with section 12; and
5,12 : (c) the order is made, as determined under section 13, in accordance
5,13 : with--
5,14 : (i) the negative resolution procedure (see section 14);
5,15 : (ii) the affirmative resolution procedure (see section 15); or
5,16 : (iii) the super-affirmative resolution procedure (see section 16).
5,17 : 11 Consultation
5,18 : (1) If a Minister proposes to make an order under section 1this Part he must--
5,19 : (a) consult such organisations as appear to him to be representative of
5,20 : interests substantially affected by the proposals,
5,21 : (b) where the proposals relate to the functions of one or more statutory
5,22 : bodies, consult those bodies, or persons appearing to him to be
5,23 : representative of those bodies,
5,24 : (c) consult the Assembly where the proposals, so far as applying in or as
5,25 : regards Wales, relate to any matter in relation to which the Assembly
5,26 : exercises functions (and where the Assembly's agreement is not
5,27 : required under section 9),
5,28 : (d) where the order is made for the purpose of implementing a
5,29 : recommendation of any one or more of the United Kingdom Law
5,30 : Commissions, consult that Commission or those Commissions, and
5,31 : (e) consult such other persons as he considers appropriate.
5,32 : But this subsection does not apply to the extent that subsection (2) applies.
5,33 : (2) To the extent that a Minister proposes to make an order under section 1section (Power to
implement Law Commission recommendations) for the
5,34 : purpose of implementing a recommendation of any one or more of the United
5,35 : Kingdom Law Commissions without material changes, the Minister must
5,36 : carry out such consultation as he considers appropriate having regard to the
5,37 : consultation carried out by that Commission or those Commissions.
5,38 : (3) If, as a result of any consultation required by subsection (1) or (2), it appears to
5,39 : the Minister that it is appropriate to change the whole or any part of his
5,40 : proposals, he must undertake such further consultation with respect to the
5,41 : changes as he considers appropriate.
5,42 : (4) If, before the day on which this section comes into force, any consultation was
5,43 : undertaken which, had it been undertaken after that day, would to any extent
6, 1 : have satisfied the requirements of this section, those requirements shall to that
6, 2 : extent be taken to have been satisfied.
6, 3 : (5) Where--
6, 4 : (a) proposals for an order under section 1this Part are the same as proposals for an
6, 5 : order under section 1 of the Regulatory Reform Act 2001 (c. 6),
6, 6 : (b) consultation has at any time been undertaken in relation to the
6, 7 : proposals under section 5 of that Act, and
6, 8 : (c) that consultation satisfied the requirements of that section in relation to
6, 9 : the proposals,
6,10 : the requirements of this section shall be taken to have been satisfied in relation
6,11 : to the proposals.
6,12 : (6) In subsection (1)(b) "statutory body" means--
6,13 : (a) a body established by or under any enactment; or
6,14 : (b) the holder of any office so established.
6,15 : 12 Draft order and explanatory document laid before Parliament
6,16 : (1) If, after the conclusion of the consultation required by section 11, the Minister
6,17 : considers it appropriate to proceed with the making of an order under section
6,18 : 1, he must lay before Parliament--
6,19 : (a) a draft of the order, together with
6,20 : (b) an explanatory document.
6,21 : (2) The explanatory document must--
6,22 : (a) explain whether the provision contained in the order is made for the
under which power or powers in this Part the provision contained in the order is made
6,23 : purpose in section 1(1)(a) or (b) or both;
6,24 : (b) introduce and give reasons for the provision;
6,25 : (c) explain why the Minister considers that--
6,26 : (i) the conditions in section 3(2) are satisfied (where relevant); or
6,27 : (ii) the condition in section 3(4) is satisfied;
6,28 : (d) to the extent that it is appropriate to do so having regard to the likely
6,29 : effect of the order, include an assessment of--
6,30 : (i) the savings or the increase in costs likely to result from the
6,31 : provision; and
6,32 : (ii) the other benefits and disbenefits of the provision;
6,33 : (e) identify and give reasons for--
6,34 : (i) any powers to legislate conferred by the order; and
6,35 : (ii) the procedural requirements attaching to those powers; and
6,36 : (f) give details of--
6,37 : (i) any consultation undertaken under section 11;
6,38 : (ii) any representations received as a result of the consultation;
6,39 : (iii) the changes (if any) made as a result of those representations.
6,40 : (3) In the case of any provision contained in the order which is made solely for the
6,41 : purpose in section 1(1)(a), if the Minister considers that the provision would
6,42 : have the effect of--
6,43 : (a) simplifying or modernising legislation,
6,44 : (b) making the overall effect of legislation less onerous, or
6,45 : (c) removing inconsistencies or anomalies in legislation,
6,46 : he must under subsection (2)(b) explain why.
7, 1 : (4) In the case of any provision contained in the order which is made for the
7, 2 : purpose in section 1(1)(b), an order
under section (Power to implement Law Commission recommendations) the explanatory document must under subsection
7, 3 : (2)(b)--
7, 4 : (a) identify the recommendations being implemented;
7, 5 : (b) identify the manner in which the order is intended to implement each
7, 6 : of the recommendations; and
7, 7 : (c) give details of, and reasons for, any differences between the
7, 8 : recommendations and the Minister's proposals.
7, 9 : (5) Where a person making representations in response to consultation under
7,10 : section 11 has requested the Minister not to disclose them, the Minister must
7,11 : not disclose them under subsection (2)(f)(ii) if or to the extent that to do so
7,12 : would (disregarding any connection with proceedings in Parliament)
7,13 : constitute a breach of confidence actionable by any person.
7,14 : (6) If information in representations made by a person in response to consultation
7,15 : under section 11 relates to another person, the Minister need not disclose the
7,16 : information under subsection (2)(f)(ii) if or to the extent that--
7,17 : (a) it appears to the Minister that the disclosure of that information could
7,18 : adversely affect the interests of that other person; and
7,19 : (b) the Minister has been unable to obtain the consent of that other person
7,20 : to the disclosure.
7,21 : (7) Subsections (5) and (6) do not affect any disclosure that is requested by, and
7,22 : made to, a committee of either House of Parliament charged with reporting on
7,23 : the draft order.
7,24 : 13 Determination of Parliamentary procedure
7,25 : (1) The explanatory document laid with a draft order under section 12 must
7,26 : contain a recommendation by the Minister as to which of the following should
7,27 : apply in relation to the making of an order pursuant to the draft order--
7,28 : (a) the negative resolution procedure (see section 14);
7,29 : (b) the affirmative resolution procedure (see section 15); or
7,30 : (c) the super-affirmative resolution procedure (see section 16).
7,31 : (2) The explanatory document must give reasons for the Minister's
7,32 : recommendation.
7,33 : (3) Where the Minister's recommendation is that the negative resolution
7,34 : procedure should apply, that procedure shall apply unless, within the 21-day30-day
7,35 : period--
7,36 : (a) either House of Parliament requires that the super-affirmative
7,37 : resolution procedure shall apply, in which case that procedure shall
7,38 : apply; or
7,39 : (b) in a case not falling within paragraph (a), either House of Parliament
7,40 : requires that the affirmative resolution procedure shall apply, in which
7,41 : case that procedure shall apply.
7,42 : (4) Where the Minister's recommendation is that the affirmative resolution
7,43 : procedure should apply, that procedure shall apply unless, within the 21-day30-day
7,44 : period, either House of Parliament requires that the super-affirmative
7,45 : resolution procedure shall apply, in which case the super-affirmative
7,46 : resolution procedure shall apply.
8, 1 : (5) Where the Minister's recommendation is that the super-affirmative resolution
8, 2 : procedure should apply, that procedure shall apply.
8, 3 : (6) For the purposes of this section a House of Parliament shall be taken to have
8, 4 : required a procedure within the 21-day30-day period if--
8, 5 : (a) that House resolves within that period that that procedure shall apply;
8, 6 : or
8, 7 : (b) in a case not falling within paragraph (a), a committee of that House
8, 8 : charged with reporting on the draft order has recommended within
8, 9 : that period that that procedure should apply and the House has not by
8,10 : resolution rejected that recommendation within that period.
8,11 : (7) In this section the "21-day30-day period" means the period of 2130 days beginning with
8,12 : the day on which the draft order was laid before Parliament under section 12.
8,13 : 14 Negative resolution procedure
8,14 : (1) For the purposes of this Part, the "negative resolution procedure" in relation to
8,15 : the making of an order pursuant to a draft order laid under section 12 is as
8,16 : follows.
8,17 : (2) The Minister may make an order in the terms of the draft order unless within
8,18 : the 40-day period either House of Parliament resolves that an order may not be
8,19 : so made.
8,20 : (3) For the purposes of subsection (2) an order is made in the terms of a draft order
8,21 : if it contains no material changes to the provisions of the draft order.
8,22 : (4) In subsection (2) the "40-day period" means the period of 40 days beginning
8,23 : with the day on which the draft order was laid before Parliament under section
8,24 : 12.
(5) For the purpose of calculating the 40-day period in a case where a recommendation
is made under subsection (2B) by a committee of either House but the
recommendation is rejected by that House under subsection (2D), no account shall
be taken of any day between the day on which the recommendation was made and
the day on which the recommendation was rejected.
8,25 : 15 Affirmative resolution procedure
8,26 : (1) For the purposes of this Part the "affirmative resolution procedure" in relation
8,27 : to the making of an order pursuant to a draft order laid under section 12 is as
8,28 : follows.
8,29 : (2) If after the expiry of the 40-day period the draft order is approved by a
8,30 : resolution of each House of Parliament, the Minister may make an order in the
8,31 : terms of the draft.
(2A) However, a committee of either House charged with reporting on the draft order
may, at any time after the expiry of the 30-day period and before the expiry of the
40-day period, recommend under this subsection that no further proceedings be
taken in relation to the draft order.
(2B) A recommendation under subsection (2A) may be made only if the committee
considers that--
(a) the provision made by the draft order does not serve the purpose specified
in section (Power to remove or reduce burdens)(2), (Power to promote
regulatory principles)(2) or (Power to implement Law Commission
recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any
provision of the draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of
the draft order referred to in section 3(3).
(2C) Where a recommendation is made by a committee of either House under subsection
(2A) in relation to a draft order, no proceedings may be taken in relation to the draft
order in that House under subsection (2) unless the recommendation is, in the same
Session, rejected by resolution of that House.
8,32 : (3) For the purposes of subsection (2) an order is made in the terms of a draft order
8,33 : if it contains no material changes to the provisions of the draft order.
8,34 : (4) In subsection (2) "the 40-day period" has the meaning given by section 14(4).
(5) For the purpose of calculating the 40-day period in a case where a recommendation
is made under subsection (2A) by a committee of either House but the
recommendation is rejected by that House under subsection (2C), no account shall
be taken of any day between the day on which the recommendation was made and
the day on which the recommendation was rejected.
8,35 : 16 Super-affirmative resolution procedure
8,36 : (1) For the purposes of this Part the "super-affirmative resolution procedure" in
8,37 : relation to the making of an order pursuant to a draft order laid under section
8,38 : 12 is as follows.
8,39 : (2) The Minister must have regard to--
8,40 : (a) any representations,
8,41 : (b) any resolution of either House of Parliament, and
9, 1 : (c) any recommendations of a committee of either House of Parliament
9, 2 : charged with reporting on the draft order,
9, 3 : made during the 60-day period with regard to the draft order.
9, 4 : (3) If, after the expiry of the 60-day period, the Minister wishes to make an order
9, 5 : in the terms of the draft, he must lay before Parliament a statement giving
(a) stating whether any representations were made under subsection (2)(a);
and
(b) if any representations were so made, giving details of them.
9, 6 : details of any representations made under subsection (2)(a).
9, 7 : (4) The Minister may after the laying of such a statement make an order in the
9, 8 : terms of the draft if it is approved by a resolution of each House of Parliament.
(4A) However, 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 no further proceedings be taken in relation to the draft order.
(4B) A recommendation under subsection (4A) may be made only if the committee
considers that--
(a) the provision made by the draft order does not serve the purpose specified
in section (Power to remove or reduce burdens)(2), (Power to promote
regulatory principles)(2) or (Power to implement Law Commission
recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any
provision of the draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of
the draft order referred to in section 3(3).
(4C) Where a recommendation is made by a committee of either House under subsection
(4A) in relation to a draft order, no proceedings may be taken in relation to the draft
order in that House under subsection (4) unless the recommendation is, in the same
Session, rejected by resolution of that House.
9, 9 : (5) If, after the expiry of the 60-day period, the Minister wishes to make an order
9,10 : consisting of a version of the draft order with material changes, he must lay
9,11 : before Parliament--
9,12 : (a) a revised draft order; and
9,13 : (b) a statement giving details of--
9,14 : (i) any representations made under subsection (2)(a); and
9,15 : (ii) the revisions proposed.
9,16 : (6) The Minister may after laying a revised draft order and statement under
9,17 : subsection (5) make an order in the terms of the revised draft if it is approved
9,18 : by a resolution of each House of Parliament.
(6A) 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 (5) and
before it is approved by that House under subsection (6), recommend under this
subsection that no further proceedings be taken in relation to the revised draft
order.
(6B) A recommendation under subsection (6A) may be made only if the committee
considers that--
(a) the provision made by the revised draft order does not serve the purpose
specified in section (Power to remove or reduce burdens)(2), (Power to
promote regulatory principles)(2) or (Power to implement Law
Commission recommendations)(2) (as the case may be);
(b) any relevant condition in section 3(2) is not satisfied in relation to any
provision of the revised draft order referred to in section 3(1); or
(c) the condition in section 3(4) is not satisfied in relation to any provision of
the revised draft order referred to in section 3(3).
(6C) Where a recommendation is made by a committee of either House under subsection
(6A) in relation to a revised draft order, no proceedings may be taken in relation to
the revised draft order in that House under subsection (6) unless the
recommendation is, in the same Session, rejected by resolution of that House.
9,19 : (7) For the purposes of subsections (4) and (6) an order is made in the terms of a
9,20 : draft order if it contains no material changes to the provisions of the draft
9,21 : order.
9,22 : (8) In this section the "60-day period" means the period of 60 days beginning with
9,23 : the day on which the draft order was laid before Parliament under section 12.
9,24 : General
9,25 : 17 Calculation of time periods
9,26 : In calculating any period of days for the purposes of sections 13 to 16, no
9,27 : account shall be taken of any time during which Parliament is dissolved or
9,28 : prorogued or during which either House is adjourned for more than four days.
9,29 : 18 Combination with powers under European Communities Act 1972
9,30 : (1) The power to make an order under section 1this Part may be exercised together with,
9,31 : and by the same instrument as, the power to make an order under section 2(2)
9,32 : of the European Communities Act 1972 (c. 68).
9,33 : (2) Where the powers referred to in subsection (1) are so exercised--
9,34 : (a) sections 10(2) to 16 above apply to the order under section 2(2) of the
9,35 : European Communities Act 1972 as to the order under section 1this Part; and
9,36 : (b) paragraph 2(2) of Schedule 2 to the European Communities Act 1972
9,37 : does not apply.
9,38 : 19 Interpretation of Part 1
9,39 : In this Part--
9,40 : "legislation" has the meaning given by section 1(3);
10, 1 : to "legislate" means to legislate by order, rules, regulations or other
10, 2 : subordinate instrument;
10, 3 : "restate" means replace with alterations only of form or arrangement (and
10, 4 : for these purposes to remove an ambiguity is to make an alteration
10, 5 : other than one of form or arrangement);
10, 6 : "the United Kingdom Law Commissions" has the meaning given by
10, 7 : section 1(4).
10, 8 : PART 2
10, 9 : REGULATORS
10,10 : Exercise of regulatory functions
10,11 : 20 Principles
10,12 : (1) Any person exercising a regulatory function to which this section applies must
10,13 : have regard to the principles in subsection (2) in the exercise of the function.
10,14 : (2) Those principles are that--
10,15 : (a) regulatory activities should be carried out in a way which is
10,16 : transparent, accountable, proportionate and consistent;
10,17 : (b) regulatory activities should be targeted only at cases in which action is
10,18 : needed.
10,19 : (3) The duty in subsection (1) is subject to any other requirement affecting the
10,20 : exercise of the regulatory function.
10,21 : 21 Code of practice
10,22 : (1) A Minister of the Crown may issue and from time to time revise a code of
10,23 : practice in relation to the exercise of regulatory functions.
10,24 : (2) Any person exercising a regulatory function to which this section applies must
10,25 : have regard to the code in the exercise of the function.
10,26 : (3) The duty in subsection (2) is subject to any other requirement affecting the
10,27 : exercise of the regulatory function.
10,28 : (4) Where--
10,29 : (a) a court or tribunal finds that a person has failed to comply with any
10,30 : requirement, restriction or condition,
10,31 : (b) the duty in subsection (2) applies in relation to the enforcement of that
10,32 : requirement, restriction or condition, and
10,33 : (c) it appears to the court or tribunal that there has been a failure to comply
10,34 : with that duty,
10,35 : the court or tribunal may take the failure to comply with the duty under
10,36 : subsection (2) into account in deciding how to deal with the failure to comply
10,37 : with the requirement, restriction or condition.
10,38 : 22 Code of practice: procedure
10,39 : (1) Where a Minister of the Crown proposes to issue or revise a code of practice
10,40 : under section 21, he shall prepare a draft of the code (or revised code).
11, 1 : (2) The Minister shall, in preparing the draft, seek to secure that it is consistent
11, 2 : with the principles specified in section 20(2).
11, 3 : (3) The Minister shall consult the following about the draft--
11, 4 : (a) persons appearing to him to be representative of persons exercising
11, 5 : regulatory functions;
11, 6 : (b) such other persons as he considers appropriate.
11, 7 : (4) If the Minister determines to proceed with the draft (either in its original form
11, 8 : or with modifications) he shall lay the draft before Parliament.
11, 9 : (5) If, within the period of 40 days beginning with the day on which it is laid before
11,10 : Parliament, either House resolves not to approve the draft, the Minister shall
11,11 : take no further steps in relation to that draft.
11,12 : (6) If no such resolution is made within that period, the Minister shall issue the
11,13 : code (or revised code) in the form of the draft, and it shall come into force on
11,14 : such date as the Minister may by order made by statutory instrument appoint.
11,15 : (7) For the purposes of subsection (5), no account shall be taken of any period
11,16 : during which Parliament is dissolved or prorogued or during which either
11,17 : House is adjourned for more than four days.
11,18 : Supplementary
11,19 : 23 Functions to which sections 20 and 21 apply
11,20 : (1) Sections 20 and 21 apply to regulatory functions specified under this section.
11,21 : (2) A Minister of the Crown may by order in accordance with this section specify
11,22 : regulatory functions as functions to which sections 20 and 21 apply.
11,23 : (3) A Minister may not under subsection (2) specify--
11,24 : (a) a regulatory function so far as exercisable in Scotland, if or to the extent
11,25 : that the function relates to matters which are not reserved matters;
11,26 : (b) a regulatory function so far as exercisable in Northern Ireland, if or to
11,27 : the extent that the function relates to matters which are transferred
11,28 : matters; or
11,29 : (c) a regulatory function exercisable only in or as regards Wales.
11,30 : (4) The Assembly may by order in accordance with this section specify regulatory
11,31 : functions exercisable only in or as regards Wales as functions to which sections
11,32 : 20 and 21 apply.
11,33 : (5) An order under this section may not specify regulatory functions conferred on
11,34 : or exercisable by any of the following--
11,35 : (a) the Gas and Electricity Markets Authority;
11,36 : (b) the Office of Communications;
11,37 : (c) the Office of Rail Regulation;
11,38 : (d) the Postal Services Commission;
11,39 : (e) the Water Services Regulation Authority.
11,40 : (6) Before making an order under this section, the authority making the order
11,41 : must consult the following--
11,42 : (a) any person (other than the authority) whose functions are to be
11,43 : specified in the order;
12, 1 : (b) such other persons as the authority considers appropriate.
12, 2 : (7) An order under this section may make such consequential, supplementary,
12, 3 : incidental, or transitional provision (including provision amending any
12, 4 : enactment) as the authority making it considers appropriate; and may make
12, 5 : different provision for different purposes.
12, 6 : (8) An order under this section must be made by statutory instrument.
12, 7 : (9) A Minister of the Crown may not make a statutory instrument containing an
12, 8 : order under this section unless a draft has been laid before, and approved by
12, 9 : resolution of, each House of Parliament.
12,10 : (10) In this section--
12,11 : "reserved matter" and "Scotland" have the same meanings as in the
12,12 : Scotland Act 1998 (c. 46);
12,13 : "transferred matter" and "Northern Ireland" have the same meanings as
12,14 : in the Northern Ireland Act 1998 (c. 47);
12,15 : "Wales" has the same meaning as in the Government of Wales Act 1998
12,16 : (c. 38).
12,17 : 24 "Regulatory functions"
12,18 : (1) In this Part "regulatory function" means--
12,19 : (a) a function under any enactment of imposing requirements, restrictions
12,20 : or conditions in relation to any activity;
12,21 : (b) a function which relates to the securing of compliance with, or the
12,22 : enforcement of, requirements, restrictions or conditions imposed in
12,23 : relation to any activity under or by virtue of any enactment.
12,24 : (2) In subsection (1)--
12,25 : (a) the references to a function include a function exercisable by or on
12,26 : behalf of the Crown;
12,27 : (b) the references to an activity include--
12,28 : (i) providing any goods or services;
12,29 : (ii) employing or offering employment to any person.
12,30 : (3) The functions referred to in subsection (1)(b) do not include functions of
12,31 : conducting criminal or civil proceedings.
12,32 : PART 3
12,33 : LEGISLATION RELATING TO THE EUROPEAN COMMUNITIES ETC
12,34 : Interpretation of legislation
12,35 : 25 References to Community instruments
12,36 : (1) In the Interpretation Act 1978 (c. 30), after section 20 insert--
12,37 : "20A References to Community instruments
12,38 : Where an Act passed after the commencement of this section refers to
12,39 : a Community instrument that has been amended, extended or applied
12,40 : by another such instrument, the reference, unless the contrary intention
13, 1 : appears, is a reference to that instrument as so amended, extended or
13, 2 : applied."
13, 3 : (2) In that Act, in section 22(1) (application to Acts and Measures), after "passed
13, 4 : after the commencement of this Act" insert "(subject, in the case of section 20A,
13, 5 : to the provision made in that section)".
13, 6 : (3) In that Act, in section 24 (application to Northern Ireland), after subsection (3)
13, 7 : insert--
13, 8 : "(3A) Section 20A applies to Northern Ireland legislation as it applies to
13, 9 : Acts."
13,10 : (4) In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication
13,11 : and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/
13,12 : 1379), in Schedule 1 (statutory interpretation and operation) at the end insert--
13,13 : "References to Community instruments
13,14 : 16 Where an Act of the Scottish Parliament passed after the
13,15 : commencement of this paragraph refers to a Community instrument
13,16 : that has been amended, extended or applied by another such
13,17 : instrument, the reference, unless the contrary intention appears, is a
13,18 : reference to that instrument as so amended, extended or applied."
13,19 : 26 EEA agreement and EEA state
13,20 : (1) In the Interpretation Act 1978 (c. 30), in Schedule 1 (defined expressions), after
13,21 : the definition of "Crown Estate Commissioners" insert--
13,22 : ""EEA agreement" means the agreement on the European Economic
13,23 : Area signed at Oporto on 2nd May 1992, together with the Protocol
13,24 : adjusting that Agreement signed at Brussels on 17th March 1993, as
13,25 : from time to time modified or supplemented by or under the
13,26 : Community Treaties. [The date of the coming into force of this
13,27 : paragraph.]
13,28 : "EEA state", in relation to any time, means--
13,29 : (a) a state which at that time is a member State; or
13,30 : (b) any other state which at that time is a party to the EEA
13,31 : agreement. [The date of the coming into force of this
13,32 : paragraph.]"
13,33 : (2) In that Act, in section 24 (application to Northern Ireland), in subsection (4),
13,34 : after "The Corporation Tax Acts" insert--
13,35 : "EEA agreement and EEA state;".
13,36 : (3) In the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication
13,37 : and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/
13,38 : 1379), in Schedule 2 (general definitions), after the definition of "Devolution
13,39 : issue" insert--
13,40 : ""EEA agreement" means the agreement on the European Economic
13,41 : Area signed at Oporto on 2nd May 1992, together with the Protocol
13,42 : adjusting that Agreement signed at Brussels on 17th March 1993, as
13,43 : from time to time modified or supplemented by or under the
13,44 : Community Treaties.
14, 1 : "EEA state", in relation to any time, means--
14, 2 : (a) a state which at that time is a member State; or
14, 3 : (b) any other state which at that time is a party to the EEA
14, 4 : agreement."
14, 5 : (4) The amendment made by subsection (3) does not have effect in relation to--
14, 6 : (a) an Act of the Scottish Parliament passed before the commencement of
14, 7 : this section; or
14, 8 : (b) Scottish subordinate legislation (within the meaning of the Order
14, 9 : referred to in subsection (3)) made before the commencement of this
14,10 : section.
14,11 : Implementation of Community obligations etc
14,12 : 27 Power to make orders, rules and schemes
14,13 : (1) In section 2 of the European Communities Act 1972 (c. 68) (general
14,14 : implementation of Treaties)--
14,15 : (a) in subsection (2), for "by regulations" substitute "by order, rules,
14,16 : regulations or scheme";
14,17 : (b) in subsection (4), for "and regulations" substitute "or orders, rules,
14,18 : regulations or schemes".
14,19 : (2) In Schedule 2 to that Act (provisions as to subordinate legislation)--
14,20 : (a) in paragraph 2, in sub-paragraphs (1) and (2), for "regulations"
14,21 : substitute "any order, rules, regulations or scheme";
14,22 : (b) in paragraph 3, for "regulations", wherever occurring, substitute
14,23 : "order, rules, regulations or scheme".
14,24 : (3) In section 29 of the Government of Wales Act 1998 (c. 38) (implementation of
14,25 : Community law) in subsections (2) and (3), for "regulations", wherever
14,26 : occurring, substitute "any order, rules, regulations or scheme".
14,27 : (4) In Schedule 8 to the Scotland Act 1998 (c. 46), in paragraph 15(3), for
14,28 : "regulations" substitute "any order, rules, regulations or scheme".
14,29 : (5) Where any enactment passed, or subordinate legislation made, before the
14,30 : coming into force of this section refers to regulations under subsection (2) of
14,31 : section 2 of the European Communities Act 1972, a Minister of the Crown may
14,32 : by order or regulations amend the enactment or subordinate legislation so that
14,33 : it includes a reference to any order, rules or scheme under that subsection.
14,34 : (6) The powers of a Minister of the Crown under subsection (5)--
14,35 : (a) so far as exercisable in relation to a matter the exercise of functions in
14,36 : respect of which is within devolved competence (within the meaning of
14,37 : the Scotland Act 1998), shall also be exercisable by the Scottish
14,38 : Ministers;
14,39 : (b) so far as exercisable in relation to a transferred matter (within the
14,40 : meaning of the Northern Ireland Act 1998 (c. 47)), shall also be
14,41 : exercisable by a Northern Ireland department;
14,42 : (c) so far as exercisable in relation to a matter in respect of which functions
14,43 : are exercisable by the Assembly, shall also be exercisable by the
14,44 : Assembly.
14,45 : (7) The power under subsection (5) to make an order or regulations--
15, 1 : (a) so far as exercisable by a Minister of the Crown, the Scottish Ministers
15, 2 : or the National Assembly for Wales, shall be exercisable by statutory
15, 3 : instrument;
15, 4 : (b) so far as exercisable by a Northern Ireland department, shall be
15, 5 : exercisable by statutory rule for the purposes of the Statutory Rules
15, 6 : (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
15, 7 : (8) A statutory instrument or statutory rule containing an order or regulations
15, 8 : under subsection (5)--
15, 9 : (a) if made by a Minister of the Crown, shall be subject to annulment in
15,10 : pursuance of a resolution of either House of Parliament;
15,11 : (b) if made by the Scottish Ministers, shall be subject to annulment in
15,12 : pursuance of a resolution of the Scottish Parliament; and
15,13 : (c) if made by a Northern Ireland department, shall be subject to negative
15,14 : resolution, within the meaning of the Interpretation Act (Northern
15,15 : Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument
15,16 : within the meaning of that Act.
15,17 : (9) In subsection (5)--
15,18 : (a) "enactment" includes Acts of the Scottish Parliament and Northern
15,19 : Ireland legislation;
15,20 : (b) "subordinate legislation" means any Order in Council, order, rules,
15,21 : regulations, scheme, warrant, byelaws or other instrument made under
15,22 : any Act, Act of the Scottish Parliament or Northern Ireland legislation.
15,23 : 28 Power to make ambulatory references to Community instruments
15,24 : In the European Communities Act 1972 (c. 68), in Schedule 2 (provisions as to
15,25 : subordinate legislation), after paragraph 1 insert--
15,26 : "1A (1) Where--
15,27 : (a) subordinate legislation makes provision for a purpose
15,28 : mentioned in section 2(2) of this Act,
15,29 : (b) the legislation contains a reference to a Community
15,30 : instrument or any provision of a Community instrument,
15,31 : and
15,32 : (c) it appears to the person making the legislation that it is
15,33 : necessary or expedient for the reference to be construed as a
15,34 : reference to that instrument or that provision as amended
15,35 : from time to time,
15,36 : the subordinate legislation may make express provision to that
15,37 : effect.
15,38 : (2) In this paragraph "subordinate legislation" means any Order in
15,39 : Council, order, rules, regulations, scheme, warrant, byelaws or other
15,40 : instrument made after the coming into force of this paragraph under
15,41 : any Act, Act of the Scottish Parliament or Northern Ireland
15,42 : legislation passed or made before or after the coming into force of
15,43 : this paragraph."
15,44 : 29 Combination of powers
15,45 : In Schedule 2 to the European Communities Act 1972, after paragraph 2
16, 1 : insert--
16, 2 : "2A (1) This paragraph applies where, pursuant to paragraph 2(2) above, a
16, 3 : draft of a statutory instrument containing provision made in exercise
16, 4 : of the power conferred by section 2(2) of this Act is laid before
16, 5 : Parliament for approval by resolution of each House of Parliament
16, 6 : and--
16, 7 : (a) the instrument also contains provision made in exercise of a
16, 8 : power conferred by any other enactment; and
16, 9 : (b) apart from this paragraph, any of the conditions in sub-
16,10 : paragraph (2) below applies in relation to the instrument so
16,11 : far as containing that provision.
16,12 : (2) The conditions referred to in sub-paragraph (1)(b) above are that--
16,13 : (a) the instrument, so far as containing the provision referred to
16,14 : in sub-paragraph (1)(a) above, is by virtue of any enactment
16,15 : subject to annulment in pursuance of a resolution of either
16,16 : House of Parliament;
16,17 : (b) in a case not falling within paragraph (a) above, the
16,18 : instrument so far as containing that provision is by virtue of
16,19 : any enactment required to be laid before Parliament after
16,20 : being made but is not required by virtue of any enactment to
16,21 : be approved by resolution of each House of Parliament in
16,22 : order to come into or remain in force;
16,23 : (c) the instrument so far as containing that provision is not by
16,24 : virtue of any enactment required to be laid before Parliament
16,25 : after being made.
16,26 : (3) Where this paragraph applies in relation to the draft of a statutory
16,27 : instrument--
16,28 : (a) the instrument, so far as containing the provision referred to
16,29 : in sub-paragraph (1)(a) above, may not be made unless the
16,30 : draft is approved by a resolution of each House of
16,31 : Parliament;
16,32 : (b) in a case where the condition in sub-paragraph (2)(a) above is
16,33 : satisfied, the instrument so far as containing that provision is
16,34 : not subject to annulment in pursuance of a resolution of
16,35 : either House of Parliament; and
16,36 : (c) in a case where the condition in sub-paragraph (2)(b) above
16,37 : is satisfied, the instrument so far as containing that provision
16,38 : is not required to be laid before Parliament after being made.
16,39 : (4) In this paragraph, references to an enactment are to an enactment
16,40 : passed or made before or after the coming into force of this
16,41 : paragraph.
16,42 : 2B (1) This paragraph applies where, pursuant to paragraph 2(2) above, a
16,43 : statutory instrument containing provision made in exercise of the
16,44 : power conferred by section 2(2) of this Act is laid before Parliament
16,45 : under section 5 of the Statutory Instruments Act 1946 (instruments
16,46 : subject to annulment) and--
16,47 : (a) the instrument also contains provision made in exercise of a
16,48 : power conferred by any other enactment; and
17, 1 : (b) apart from this paragraph, either of the conditions in sub-
17, 2 : paragraph (2) below applies in relation to the instrument so
17, 3 : far as containing that provision.
17, 4 : (2) The conditions referred to in sub-paragraph (1)(b) above are that--
17, 5 : (a) the instrument so far as containing the provision referred to
17, 6 : in sub-paragraph (1)(a) above is by virtue of any enactment
17, 7 : required to be laid before Parliament after being made but--
17, 8 : (i) is not subject to annulment in pursuance of a
17, 9 : resolution of either House of Parliament; and
17,10 : (ii) is not by virtue of any enactment required to be
17,11 : approved by resolution of each House of Parliament
17,12 : in order to come into or remain in force;
17,13 : (b) the instrument so far as containing that provision is not by
17,14 : virtue of any enactment required to be laid before Parliament
17,15 : after being made.
17,16 : (3) Where this paragraph applies in relation to a statutory instrument,
17,17 : the instrument, so far as containing the provision referred to in sub-
17,18 : paragraph (1)(a) above, is subject to annulment in pursuance of a
17,19 : resolution of either House of Parliament.
17,20 : (4) In this paragraph, references to an enactment are to an enactment
17,21 : passed or made before or after the coming into force of this
17,22 : paragraph.
17,23 : 2C Paragraphs 2A and 2B above apply to a Scottish statutory instrument
17,24 : containing provision made in the exercise of the power conferred by
17,25 : section 2(2) of this Act (and a draft of any such instrument) as they
17,26 : apply to any other statutory instrument containing such provision
17,27 : (or, as the case may be, any draft of such an instrument), but subject
17,28 : to the following modifications--
17,29 : (a) references to Parliament and to each or either House of
17,30 : Parliament are to be read as references to the Scottish
17,31 : Parliament;
17,32 : (b) references to an enactment include an enactment comprised
17,33 : in, or in an instrument made under, an Act of the Scottish
17,34 : Parliament; and
17,35 : (c) the reference in paragraph 2B(1) to section 5 of the Statutory
17,36 : Instruments Act 1946 is to be read as a reference to article
17,37 : 10(2) of the Scotland Act 1998 (Transitory and Transitional
17,38 : Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/
17,39 : 1096)."
17,40 : PART 4
17,41 : SUPPLEMENTARY AND GENERAL
17,42 : Supplementary
17,43 : 30 Repeals and savings
17,44 : (1) The enactments mentioned in the Schedule to this Act are repealed to the
17,45 : extent specified in the second column of that Schedule.
18, 1 : (2) Where a document has been laid before Parliament under section 6(1) of the
18, 2 : 2001 Act before the day on which this Act comes into force, the repeal by this
18, 3 : Act of sections 1 to 8 of the 2001 Act does not affect the application of those
18, 4 : sections in relation to the making of an implementing order.
18, 5 : (3) In subsection (2) an "implementing order" in relation to any document laid
18, 6 : before Parliament under section 6(1) of the 2001 Act means an order to give
18, 7 : effect (with or without variations) to proposals in that document.
18, 8 : (4) Nothing in this Act affects the continuation in force of any order under section
18, 9 : 1 of the 2001 Act which--
18,10 : (a) was made before the day on which this Act comes into force; or
18,11 : (b) is made on or after that day by virtue of subsection (2).
18,12 : (5) Nothing in this Act affects the continuation in force of any order under section
18,13 : 1 of the Deregulation and Contracting Out Act 1994 (c. 40) which, immediately
18,14 : before the coming into force of this Act, continues in force by virtue of section
18,15 : 12(4) of the 2001 Act.
18,16 : (6) In this section "the 2001 Act" means the Regulatory Reform Act 2001 (c. 6).
18,17 : 31 Consequential amendments
18,18 : (1) In section 6 of the Deregulation and Contracting Out Act 1994 (model
18,19 : provisions with respect to appeals), in subsection (7), for the definition of
18,20 : "enforcement action" substitute--
18,21 : ""enforcement action" means--
18,22 : (a) in relation to any restriction, requirement or condition,
18,23 : any action taken with a view to or in connection with
18,24 : imposing any sanction (whether criminal or otherwise)
18,25 : for failure to observe or comply with it; and
18,26 : (b) in relation to a restriction, requirement or condition
18,27 : relating to the grant or renewal of licences, includes any
18,28 : refusal to grant, renew or vary a licence, the imposition
18,29 : of any condition on the grant or renewal of a licence and
18,30 : any variation or revocation of a licence;".
18,31 : (2) In section 100 of the Local Government Act 2003 (c. 26) (exercise of powers by
18,32 : reference to authorities' performance categories), in subsection (2)(d), for
18,33 : "section 1 of the Regulatory Reform Act 2001 (c. 6)" substitute "section 1section (Power to
remove or reduce burdens) or (Power to promote regulatory principles) of the
18,34 : Legislative and Regulatory Reform Act 2006".
18,35 : General
18,36 : 32 General interpretation
18,37 : In this Act--
18,38 : "the Assembly" means the National Assembly for Wales;
18,39 : "Minister of the Crown" has the same meaning as in the Ministers of the
18,40 : Crown Act 1975 (c. 26).
"regulatory function" means--
(a) a function under any enactment of imposing requirements,
restrictions or conditions, or setting standards or giving guidance,
in relation to any activity;
(b) a function which relates to the securing of compliance with, or the
enforcement of, requirements, restrictions, conditions, standards
or guidance which under or by virtue of any enactment relate to
any activity,
but does not include any function of conducting criminal or civil
proceedings.
(2) In subsection (1), in the definition of "regulatory function"--
(a) the references to a function include a function exercisable by or on behalf
of the Crown;
(b) the references to an activity include--
(i) providing any goods or services;
(ii) employing or offering employment to any person.
18,41 : 33 Commencement
18,42 : This Act comes into force at the end of the period of two months beginning
18,43 : with the day on which it is passed.
19, 1 : 34 Extent
19, 2 : (1) An order under section 1 which amends, repeals or replaces legislation
Part 1 which amends or repeals any enactment
19, 3 : extending outside England and Wales, Scotland and Northern Ireland may
19, 4 : have the same extent as that legislationenactment.
19, 5 : (2) Section 31 extends to England and Wales only.
19, 6 : (3) The repeals in the Schedule have the same extent as the enactments to which
19, 7 : they relate.
19, 8 : 35 Short title
19, 9 : This Act may be cited as the Legislative and Regulatory Reform Act 2006.