Constitutional Reform Bill [HL] — 20 Dec 2004 at 17:00
moved Amendments Nos. 5 and 6:
After Clause 13, insert the following new clause-
"PROTECTED FUNCTIONS NOT TRANSFERABLE UNDER MINISTERS OF THE CROWN ACT 1975
(1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows.
(2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert-
"(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004.
(7) An Order in Council under this section may amend Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004 so as to include any function which, by virtue of provision in the Order in Council-
(a) is transferred to the Lord Chancellor,
(b) becomes exercisable by the Lord Chancellor concurrently with another person, or
(c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.
(8) An Order in Council under this section may not, to the extent that it amends Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004, be revoked by another Order in Council under this section."
(3) After section 5(3) (Orders under Act to be revocable) insert-
"(3A) Subsection (3) is subject to section 1(8).""
After Clause 13, insert the following new clause-
"AMENDMENT OF SCHEDULE (PROTECTED FUNCTIONS OF THE MINISTER)
(1) The Minister may by order amend Schedule (Protected functions of the Minister) so as to include within that Schedule any function of the Minister under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.
(2) For the purposes of subsection (1) it does not matter whether a function of the Minister is exercisable by him alone or concurrently with another person.
(3) An order made under this section may not be revoked by an order made under this section."
On Question, amendments agreed to.
Clause 14 <[i>Transfers: supplementary]:
moved Amendments Nos. 7 to 13:
Page 6, line 7, leave out subsection (1) and insert-
"( ) This section applies where a function of the Minister is transferred to another person ("the transferee") by any provision of this Act or of an order under section (Transfer, modification or abolition of functions by order) ("the amending provision")."
Page 6, line 12, at end insert "amending"
Page 6, line 16, after "by" insert "the amending provision or any other provision of"
Page 6, line 24, after first "the" insert "amending"
Page 6, line 27, at beginning insert "amending"
Page 6, line 29, after second "the" insert "amending"
Page 6, line 36, after first "the" insert "amending"
On Question, amendments agreed to.
moved Amendment No. 14:
Before Clause 15, insert the following new clause-
"HOUSE OF LORDS AS A SUPREME COURT
The House of Lords, when exercising its appellate jurisdiction, is the Supreme Court of the United Kingdom and the Lords of Appeal in Ordinary shall be appointed in accordance with the provisions of sections 17 to 23."
On Question, Whether the said amendment (No. 14) shall be agreed to?
Their Lordships divided: Contents, 133; Not-Contents, 199.
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