Clause 2 - Provision
Legislative and Regulatory Reform Bill
1:15 pm

Martin Caton (Gower, Labour)

With this it will be convenient to discuss the following:

Amendment No. 33, in clause 2, page 2, line 8, leave out subsection (2).

Amendment No. 69, in clause 2, page 2, line 20, leave out paragraph (b).

Amendment No. 34, in clause 2, page 2, line 21, leave out subsection (4).

Amendment No. 35, in clause 2, page 2, line 25, leave out subsection (5).

Amendment No. 45, in clause 2, page 2, line 25, at end add—

‘(6)But no order under this Act shall confer on any person the power to legislate.’.

Amendment No. 46, in clause 2, page 2, line 25, at end add—

‘(7)No order may be made under section 2(1) for any purpose substantially different from that for which the legislation was passed.’.

New clause 7—Excepted Acts—

‘(1)Schedule (Excepted Acts) shall have effect.(2)Provision under section 2(1) may not amend this Act or any provision amending this Act or the Human Rights Act 1998 or any provision amending that Act, or any Act specified in Schedule (Excepted Acts) to this Act or to any provision amending those Acts.’.

New clause 8—Judicial Tenure—

‘Provision under section 2(1) may not affect the appointment, terms of engagement, dismissal or tenure of any judge.’.

New clause 9—Principles of natural justice—

‘Provision under section 2(1) may not affect, abrogate or modify any of the principles of natural justice.’.

New clause 10—Powers and composition of Parliament and elections—

‘Provision under section 2(1) may not affect, abrogate or modify the law relating to the powers or composition of Parliament or the law governing elections.’.

New clause 11—Powers and composition of Parliament—

‘Provision under section 2(1) may not affect, abrogate or modify the powers or competences of the House of Commons or the House of Lords.’.

New clause 12—Church of England—

‘Provision under section 2(1) may not affect, abrogate or modify the law relating to the Church of England.’.

New clause 13—Habeas corpus—

‘Provision under section 2(1) may not subject anyone to detention without charge or remove from anyone the remedy of Habeas Corpus.’.

New clause 14—Jury trial—

‘Provision under section 2(1) may not affect the right to or the availability of jury trial.’.

New clause 15—Extradition—

‘Provision under section 2(1) may not subject any person to extradition.’.

New clause 16—Confiscation of property—

‘Provision under section 2(1) may not authorise the confiscation or appropriation of property, whether with or without compensation, except to the extent to which it is authorised by the legislation which the order amends.’.

New schedule 2—‘Excepted Acts—

The Acts referred to in section (Excepted Acts) are—

Act of Settlement 1700

Anti-Terrorism, Crime and Security Act 2001

Bail Act 1976

Bill of Rights 1688

Church of England Assembly (Powers) Act 1919

Church of Scotland Act 1921

Civil Contingencies Act 2004

Claim of Right 1689

Constitutional Reform Act 2005

Criminal Justice and Public Order Act 1994