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May 23, 2004
7 Procedure for orders under s. 6
(1) The Secretary of State must not make an order containing (with or without
other provision) any provision for compulsory registration unless.
(a) a draft of the order has been laid before Parliament and approved by a
resolution of each House; and
(b) each of the resolutions for approving the draft was agreed more than 60
days after the day on which the draft was laid before the House in
question.
(2) No draft order containing provision for compulsory registration is to be laid
before Parliament unless.
(a) the Secretary of State has prepared and published a report containing a
proposal for the making of such provision;
(b) the report sets out the Secretary of State.s reasons for making the
proposal;
(c) the report has been laid before Parliament and each House has
approved the proposal contained in the report, either with or without
modifications; and
(d) the draft order gives effect to the proposal so far as approved by both
Houses.
(3) An approval given in either House satisfies the requirements of subsection
(2)(c) only if it was given in that House on the first occasion on which a motion
for the approval of the proposal was made in that House by a Minister of the
Crown after.
(a) the laying of the report; or
(b) if more than one report containing that proposal has been laid before
that House, the laying of the one laid most recently.
(4) The Secretary of State must not make an order which.
(a) contains (with or without other provision) any provision that he is
authorised to make by section 6, but
(b) is not an order containing provision for compulsory registration,
unless a draft of the order has been laid before Parliament and approved by a
resolution of each House.
(5) In reckoning a period of 60 days for the purposes of subsection (1), no account
shall be taken of a day for which.
(a) Parliament is dissolved or prorogued; or
(b) the House in question is adjourned as part of an adjournment of more
than four days.
(6) References in this section to provision for compulsory registration are
references to any provision that the Secretary of State is authorised to make by
section 6 the effect of which is to impose an obligation on individuals to be
entered in the Register from a time when they would not otherwise be subject
to such an obligation.
Posted by wtwu at May 23, 2004 10:12 PM
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Comments
As per Section 6:
There should be no compulsion by Order of the Secretary of State.
Compulsion should require full debate and Parliamentary scrutiny of Primary Legislation
RECCOMENDATION:
Remove Section 7 from the Bill
Posted by: wtwu at May 24, 2004 04:24 AM