House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

51

House of Commons

Notices of Amendments

given on

Thursday 13 March 2014

For other Amendment(s) see the following page(s):

Deregulation Bill Committee 44-49

Public Bill Committee

Deregulation Bill

Mechanically propelled vehicles on unsealed roads: removal of burdens

John Hemming

NC3

To move the following Clause:—

‘(1)
Within one year of the coming into force of this section the Secretary of State

shall lay before both Houses of Parliament a report containing an assessment of

the burdens and costs caused by the use of mechanically propelled vehicles on

unsealed rights of way to—

(a)
the users of such rights of way,

(b)
landowners, and

(c)
other interested parties.

(2)
A report under subsection (1) shall include—

(a)
proposals to alleviate such burdens and costs, and

(b)
an assessment as to whether legislation should continue to permit

mechanically propelled vehicles to use unsealed rights of way.

(3)
The Secretary of State may through regulations implement any proposals

contained in the report under subsection (1).

(4)
Regulations made under subsection (3) shall be made by statutory instrument.

(5)
A statutory instrument under subsection (4) shall not be made unless a draft has

been laid before and approved by both Houses of Parliament.

(6)
The Secretary of State shall not issue a report under subsection (1) until he has

consulted with such interested parties as he thinks fit.’.

Notices of Amendments: 13 March 2014
52

Deregulation Bill, continued

Housing revenue account

Chris Williamson

NC4

To move the following Clause:—

‘In section 171 of the Localism Act 2011 (which makes provision about limits on

indebtedness in relation to local housing authorities’ housing revenue accounts)

for subsections (1) to (5) substitute—

“(1)
A local housing authority that keeps a Housing Revenue Account shall

keep under review the amount of housing debt that it holds.

(2)
In doing so, the local housing authority must have regard to—

(a)
any determination made by it under section 3 of the Local

Government Act 2003 (duty to determine affordable borrowing

limit); and

(b)
any guidance issued or approved by the Secretary of State under

this section in relation to the amount of housing debt that a local

housing authority may hold.”.’.

Licensing: review of legislation

Chris Williamson

NC5

To move the following Clause:—

‘(1)
No later than the end of the period of 6 months beginning with the day on which

this Act is passed, the Secretary of State must commence a cross-government

review of all legislation relating to local authority licensing, consents, permits and

registrations.

(2)
The review must include a review of whether and if so how the legislation can be

simplified and consolidated.

(3)
A report on the review must be presented to Parliament by the Secretary of State

no later than the end of the period of 18 months beginning with the day on which

this Act is passed.’.

Tom Brake

Oliver Heald

17

Clause  58,  page  39,  line  15,  at end insert—

‘( )
An order under this section may not amend subordinate legislation made by the

Welsh Ministers.’.

Member’s explanatory statement

This amendment ensures that the power to spell out dates described in legislation cannot be used

to amend subordinate legislation made by the Welsh Ministers.

Tom Brake

Oliver Heald

18

Clause  58,  page  39,  line  30,  leave out from second ‘legislation’ to end of line 32

and insert—

‘“subordinate legislation” has the same meaning as in the Interpretation Act

1978.”.’.

Notices of Amendments: 13 March 2014
53

Deregulation Bill, continued

Member’s explanatory statement

This amendment is consequential on amendment 17.

Tom Brake

Oliver Heald

19

Schedule  17,  page  143,  line  11,  at end insert—

‘Atomic Energy Act 1946 (c. 80)

10A
Omit sections 6 and 7 of, and Schedule 1 to, the Atomic Energy Act 1946

(which confer powers to do work for the purpose of discovering certain

minerals and to compulsorily acquire rights to work such minerals).

10B(1)
The following amendments are made in consequence of paragraph 10A.

      (2)
In the 1946 Act—

(a)
in section 15(1), omit the words “, except an order made under section

seven thereof or an order varying or revoking such an order,”;

(b)
in section 16, omit the words from “Provided that” to the end of the

section;

(c)
in section 19, omit paragraphs (c) and (d);

(d)
in section 20(1), omit the words “, except sections six and seven

thereof,”.

      (3)
In the Atomic Energy Authority Act 1954, in Schedule 3, omit—

(a)
the paragraph beginning “In subsection (1) of section seven”;

(b)
the paragraph beginning “At the end of section sixteen”;

(c)
the paragraph beginning “In paragraph (c) of section nineteen”.’.

Member’s explanatory statement

This amendment removes the Secretary of State’s powers to carry out work on any land to discover

whether minerals from which “prescribed substances” (such as uranium) can be obtained are

present and to acquire compulsorily the exclusive right to work such minerals. The powers have

not been used for at least thirty years and are no longer needed.

Tom Brake

Oliver Heald

20

Schedule  17,  page  143,  line  21,  at end insert—

‘Nuclear Industry (Finance) Act 1977 (c. 7)

12A
Omit section 3 of the Nuclear Industry (Finance) A ct 1977 (which provides for

expenditure which the Secretary of State may incur with a view to, or in

connection with, the acquisition of shares etc in the National Nuclear

Corporation Limited to be paid out of money provided by Parliament).’.

Member’s explanatory statement

This amendment removes the Secretary of State’s power to incur expenditure in the acquisition of

shares or securities of the National Nuclear Corporation Limited (NNCL). NNCL is now wholly in

private ownership and this power is no longer needed.

Notices of Amendments: 13 March 2014
54

Deregulation Bill, continued

Tom Brake

Oliver Heald

21

Schedule  17,  page  146,  line  5,  at end insert—

‘Breeding of Dogs Act 1973 (c. 60)

23A
In section 1 of the Breeding of Dogs Act 1973 (licensing of breeding

establishments for dogs), omit subsection (4)(i) (requirement for local

authority, in determining whether to grant a licence, to have regard to the need

for securing the keeping of accurate records).

23B(1)
The following amendments are made in consequence of paragraph 23A.

      (2)
In section 1 of the Breeding of Dogs Act 1973—

(a)
at the end of subsection (4)(g), insert “and”;

(b)
omit the “and” following subsection (4)(h);

(c)
in the closing words of subsection (4), for “paragraphs (a) to (i)”

substitute “paragraphs (a) to (h)”;

(d)
omit subsection (4A).

      (3)
In the Breeding and Sale of Dogs (Welfare) Act 1999, omit section 2(3).’.

Member’s explanatory statement

This amendment removes the requirement for licensed dog breeders to keep records in a

prescribed form. From 6 April 2016, all dogs will need to be identified with a microchip and their

details, along with the owners’ details, recorded on a database. This renders the current

requirement unnecessary. This will apply to England and Wales only.

Tom Brake

Oliver Heald

22

Schedule  17,  page  146,  line  12,  at end insert—

‘Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

26A(1)
Section 8 of the Breeding and Sale of Dogs (Welfare) Act 1999 (sale of dogs)

is amended as follows.

      (2)
Omit subsection (1)(e) (offence for keeper of a licensed breeding

establishment to sell to the keeper of a licensed pet shop or a licensed Scottish

rearing establishment a dog which, when delivered, is not wearing a collar with

an identifying tag or badge).

      (3)
Omit subsection (3) (offence for keeper of a licensed pet shop to sell a dog

which, when delivered to him, was wearing a collar with an identifying tag or

badge but is not wearing such a collar when delivered to the purchaser).

      (4)
In consequence of sub-paragraph (2)—

(a)
in subsection (1), at the end of paragraph (c), insert “or”;

(b)
in that subsection, omit the “or” following paragraph (d).’.

Member’s explanatory statement

This amendment is also linked to the requirement, from 6 April 2016, for all dogs to be identified

by microchip, and removes the offences relating to identification by a collar and a badge. This will

apply to England and Wales only.

Notices of Amendments: 13 March 2014
55

Deregulation Bill, continued

Tom Brake

Oliver Heald

23

Clause  67,  page  43,  line  30,  after ‘paragraphs’ insert ‘23A, 23B, 26A,’.

Member’s explanatory statement

This amendment has the effect that the repeals and other amendments inserted by amendments 21

and 22 will extend only to England and Wales. The Acts being amended extend to England and

Wales and Scotland.

Tom Brake

Oliver Heald

24

Clause  68,  page  43,  line  39,  at end insert—

‘( )
section (Agricultural Holdings Act 1986: resolution of disputes by third

party determination) and Schedule (Agricultural Holdings Act 1986:

resolution of disputes by third party determination);’.

Member’s explanatory statement

This amendment has the effect that the new clause and Schedule inserted by NC8 and NS1 will

come into force 2 months after the Bill receives Royal Assent.

Tom Brake

Oliver Heald

25

Clause  68,  page  43,  line  42,  at end insert—

‘( )
section (Optional building requirements);’.

Member’s explanatory statement

This amendment has the effect that the new clause inserted by amendment NC12 will come into

force 2 months after the Bill receives Royal Assent.

Tom Brake

Oliver Heald

26

Clause  68,  page  44,  line  9,  after ‘Schedule 17’ insert ‘other than paragraphs 23A,

23B and 26A of that Schedule’.

Member’s explanatory statement

This amendment has the effect that the provisions inserted into Schedule 17 by amendments 21 and

22 will come into force on a day appointed by the Secretary of State in a commencement order.

Discount for person exercising right to buy

Chris Williamson

NC6

To move the following Clause:—

‘(1)
Section 129 of the Housing Act 1985 (which makes provision about discounts to

which persons exercising the right to buy are entitled) is amended as follows.

(2)
In subsection (1)—

(a)
after “calculated”, insert “by the relevant local housing authority— (a)”;

and

(b)
at end insert—

“(b)
by reference to an analysis of the housing market in the

relevant local housing authority’s area; and

Notices of Amendments: 13 March 2014
56

Deregulation Bill, continued

(c)
at a level which in the view of the relevant housing

authority will encourage the exercise of the right to buy

in its area.”.

(3)
For subsections (2) to (2B) substitute—

“(2)
The discount shall not exceed 60 per cent.”.

(4)
After subsection (3) insert—

“(4)
In this section, the “relevant local housing authority” means the local

housing authority in whose area the land that is the subject of the right to

buy is situated.”.’.

Use of capital receipts by local authorities

Chris Williamson

NC7

To move the following Clause:—

‘(1)
Section 11 of the Local Government Act 2003 (which makes provision about the

use of capital receipts by local authorities) is amended as follows.

(2)
In subsection (3) at end insert “(other than a right to buy disposal)”.

(3)
After subsection (6) insert—

“(7)
In subsection (3), a “right to buy disposal” means a disposal under Part

V of the Housing Act 1983.”.’.

Agricultural Holdings Act 1986: resolution of disputes by third party determination

Tom Brake

Oliver Heald

NC8

To move the following Clause:—

‘Schedule (Agricultural Holdings Act 1986: resolution of disputes by third party

determination) amends the Agricultural Holdings Act 1986 to provide for certain

matters arising under the Act to be capable of third party determination.’.

Member’s explanatory statement

This amendment inserts a new clause which introduces the new Schedule inserted by amendment

NS1.

Private hire vehicles: circumstances in which driver’s licence required

Tom Brake

Oliver Heald

NC9

To move the following Clause:—

‘(1)
Section 46 of the Local Government (Miscellaneous Provisions) Act 1976

(vehicle, drivers’ and operators’ licences) is amended as follows.

(2)
In subsection (1)(b), for “driver of any private hire vehicle” substitute “driver of

any vehicle when it is in use as a private hire vehicle”.

(3)
After subsection (1) insert—



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