Forensic Science Regulator and Biometrics Strategy Bill – in a Public Bill Committee am 9:25 am ar 11 Tachwedd 2020.
Amendments made: 2, in clause 8, page 4, line 31, leave out paragraph (e)
This amendment removes the express power for the First-tier Tribunal to award costs on an appeal under clause 8(1) as the Tribunal’s power to do so is governed by existing legislation.
Amendment 3, in clause 8, page 4, line 31, at end insert—
‘(3A) A person given notice under section 6(8) of the variation of a compliance notice may appeal to the First-tier Tribunal against the decision to vary the compliance notice.
(3B) The grounds for an appeal under subsection (3A) are that—
(a) the decision was based on an error of fact;
(b) the decision was wrong in law;
(c) the decision was unreasonable;
(d) any step or prohibition specified in the compliance notice as a result of the variation is unreasonable.
(3C) On an appeal under subsection (3A) the First-tier Tribunal may—
(a) confirm the decision to vary the compliance notice, in whole or in part;
(b) quash that decision, in whole or in part;
(c) vary the compliance notice in a different way;
(d) remit to the Regulator the decision whether to vary the compliance notice.”
This amendment enables a person on whom a compliance notice is served by the Forensic Science Regulator to bring an appeal to the First-tier Tribunal against a decision by the Regulator to vary the notice.
Amendment 4, in clause 8, page 4, line 41, leave out paragraph (d)
This amendment removes the express power for the First-tier Tribunal to award costs on an appeal under clause 8(4) as the Tribunal’s power to do so is governed by existing legislation.
Amendment 5, in clause 8, page 5, line 1, after “(1)” insert “, (3A)”
This amendment is consequential on Amendment 3.
Amendment 6, in clause 8, page 5, line 3, at end insert—
‘(8) Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the First-tier Tribunal under this section, the Upper Tribunal may suspend any requirement or prohibition specified in the compliance notice until the appeal is determined, withdrawn or abandoned.”—
This amendment enables the Upper Tribunal to suspend a requirement or prohibition in a compliance notice where a person appeals against a decision of the First-tier Tribunal under clause 8.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
