195ZAL: Clause 32, page 30, line 11, leave out subsection (1) and insert—
““(1) Before a public authority which has been designated under section (Designation of public authorities) can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies—
(a) a Minister of the Crown must give a warning notice under this section to the public authority;
(b) the procedures set out in the warning notice (with any changes made under subsection (7)) must be followed; and
(c) a Minister of the Crown must determine the matters mentioned in section (Matters to be determined before a final notice is given)(4).””
195ZAM: Clause 32, page 30, line 16, leave out ““the Minister”” and insert ““a Minister of the Crown””
195ZAN: Clause 32, page 30, line 17, leave out from ““Justice”” to ““financial”” in line 18 and insert ““imposing the EU””
195ZAP: Clause 32, page 30, line 24, leave out ““a payment under this Part”” and insert ““payments under this Part (which may be or include ongoing payments)””
195ZAQ: Clause 32, page 30, line 25, leave out subsections (3) to (5) and insert—
““(3) The warning notice must also—
(a) identify the EU financial sanction to which the notice relates;
(b) specify the total amount of that sanction (see subsection (6C));
(c) if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (6D));
(d) set out the reasons for making the statement required by subsection (2);
(e) set out the proposed procedures and arrangements for determining the matters mentioned in section (Matters to be determined before a final notice is given)(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other public authorities in respect of the same EU financial sanction);
(f) propose a timetable for those procedures and for any steps to be taken by the panel or a Minister of the Crown before any requirement to make a payment can be imposed on the authority;
(g) invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f);
(h) invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section (Matters to be determined before a final notice is given)(4), including its response to any representations made (and any supporting evidence submitted) to the panel —
(i) by a Minister of the Crown or a government department (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another public authority in relation to the same EU financial sanction);
(ii) by another public authority which has been given a warning notice in relation to the same EU financial sanction; or
(iii) by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and
(j) if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.””
195ZAR: Clause 32, page 31, line 14, at end insert ““of the Crown giving it””
195ZAS: Clause 32, page 31, line 15, at end insert—
““(6A) Before a Minister of the Crown gives a warning notice to the authority, the Minister of the Crown must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).
(6B) If the authority has mixed functions, a Minister of the Crown must—
(a) consult the appropriate national authority before deciding to give a warning notice to the authority; and
(b) give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.
(6C) In subsection (3)(b) the ““total amount of the sanction”” means the sum of the following—
(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part 2 applies)(2)); and
(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part 2 applies)(2);
and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.
(6D) The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—
(a) any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or
(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part 2 applies)(2).””
195ZAT: Clause 32, page 31, line 16, leave out ““The Minister”” and insert ““A Minister of the Crown””
195ZAU: Clause 32, page 31, line 17, leave out ““(3)(d)(ii)”” and insert ““(3)(g)””
195ZAV: Clause 32, page 31, line 17, leave out ““subsection (3)(b)”” and insert ““section (Matters to be determined before a final notice is given)(4)””
195ZAX: Clause 32, page 31, line 18, after ““authority”” insert ““—
(a) ””
195ZAY: Clause 32, page 31, line 19, leave out ““criteria,””
195ZAZ: Clause 32, page 31, line 20, leave out ““(3)(b), (c) or (e).”” and insert ““(3)(e) and (f); and
(b) a copy of the warning notice incorporating those changes.
(7A) A Minister of the Crown must consult the panel before making any changes under subsection (7).””
195ZAZA: Clause 32, Page 31, line 21, leave out ““local or””
195ZAZB: Clause 32, Page 31, line 22, leave out ““subsection (3)(b)”” and insert ““section (Matters to be determined before a final notice is given)(4)””
195ZAZC: Clause 32, Page 31, line 24, at end insert—
““(9) In this section and section (Matters to be determined before a final notice is given) ““the panel”” means the panel established under section (Establishment of independent panel) to deal with the EU financial sanction to which the notice relates.””
Amendments 195ZAL to 195ZAZC agreed.
Amendment 195ZAZD
Moved by
Localism Bill
Proceeding contribution from
Earl Attlee
(Conservative)
in the House of Lords on Monday, 10 October 2011.
It occurred during Debate on bills on Localism Bill.
Type
Proceeding contribution
Reference
730 c1383-5 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-01-22 18:39:45 +0000
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