HL Deb 13 November 1989 vol 512 cc1154-6

432 Page 208, line 15, after 'Part', insert 'of this Act'.

433 Schedule 10, page 208, line 33, at end insert 'under section 44; and any power to make provision by order is to make provision by order under that section.'.

434 Page 208, line 44, leave out 'delegation order may make provision' and insert 'Secretary of State may make provision by order'.

435 Page 209, line 2, leave out paragraph 4 and insert — '4. —(1) The body shall pay to its chairman and members such remuneration, and such allowances in respect of expenses properly incurred by them in the performance of their duties, as the Secretary of State may determine. (2) As regards any chairman or member in whose case the Secretary of State so determines, the body shall pay or make provision for the payment of —

  1. (a) such pension, allowance or gratuity to or in respect of that person on his retirement or death, or
  2. (b) such contributions or other payment towards the provision of such a pension, allowance or gratuity,
as the Secretary of State may determine. (3) Where a person ceases to be a member of the body otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall make a payment to him by way of compensation of such amount as the Secretary of State may determine.'.

436 Page 209, line 31, leave out 'by virtue of the delegation order'.

437 Page 209, line 32, leave out 'agency' and insert 'body'.

438 Page 209, line 40, leave out 'designated'.

439 Page 209, line 44, leave out sub-paragraph (6).

440 Page 210, line 7, leave out from first 'The' to 'thinks' in line 8 and insert 'Secretary of State may by order impose such requirements as he'.

441 Page 210, line 30, after second 'the', insert 'delegation'.

442 Page 210, line 32, leave out 'order may' and insert 'Secretary of State may by order'.

443 Page 210, line 41, leave out paragraph 11 and insert — '11. —(1) The transfer of a function to a body established by a delegation order does not affect anything previously done in the exercise of the function transferred; and the resumption of a function so transferred does not affect anything previously done in exercise of the function resumed. (2) The Secretary of State may by order make such transitional and other supplementary provision as he thinks necessary or expedient in relation to the transfer or resumption of a function. (3) The provision that may be made in connection with the transfer of a function includes, in particular, provision —

  1. (a) for modifying or excluding any provision of this Part of this Act in its application to the function transferred;
  2. (b) for applying to the body established by the delegation order, in connection with the function transferred, any provision applying to the Secretary of State which is contained in or made under any other enactment;
  3. (c) for the transfer of any property, rights or liabilities from the Secretary of State to that body;
  4. (d) for the carrying on and completion by that body of anything in process of being done by the Secretary of State when the order takes effect;
  5. (e) for the substitution of that body for the Secretary of State in any instrument, contract or legal proceedings.
(4) The provision that may be made in connection with the resumption of a function includes, in particular, provision —
  1. (a) for the transfer of any property, rights or liabilities from that body to the Secretary of State;
  2. (b) for the carrying on and completion by the Secretary of State of anything in process of being done by that body when the order takes effect;
  3. (c) for the substitution of the Secretary of State for that body in any instrument, contract or legal proceedings.
 12. Where a delegation order is revoked, the Secretary of State may by order make provision—
  1. (a)for the payment of compensation to persons ceasing to be employed by the body established by the delegation order; and
  2. (b) as to the winding up and dissolution of the body.'.

5.15.p.m.

Lord Trefgarne

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 432 to 443.

Moved, That the House do agree with the Commons in the said amendments. —(Lord Trefgarne.)

On Question, Motion agreed to.