Session 2013 - 14
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Other Bills before Parliament


 
 

Notices of Amendments: 13 March 2014                  

57

 

Deregulation Bill, continued

 
 

“(1A)    

For the purposes of this Act, a reference to a vehicle being in use as a

 

private hire vehicle is a reference to a private hire vehicle which—

 

(a)    

is in use in connection with a hiring for the purpose of carrying

 

passengers; or

 

(b)    

is immediately available to an operator to carry out a booking for

 

a private hire vehicle.”

 

(4)    

After subsection (2) insert—

 

“(3)    

If, in any proceedings for an offence under this section in which it is

 

alleged that the defendant contravened subsection (1)(b), the prosecution

 

prove that a private hire vehicle was at any time being used on a road to

 

carry one or more passengers, it is to be presumed, unless the contrary is

 

shown, that the vehicle was, at that time, in use in connection with a

 

hiring as mentioned in subsection (1A)(a).” ’.

 

Member’s explanatory statement

 

This amendment inserts a new clause which allows people who do not hold a private hire vehicle

 

driver’s licence to drive a licensed private hire vehicle when the vehicle is not being used as a

 

private hire vehicle (for example, a licensed private hire vehicle driver’s partner could use the

 

vehicle for a family outing).

 

Taxis and private hire vehicles: duration of licences

 

Tom Brake

 

Oliver Heald

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Local Government (Miscellaneous Provisions) Act 1976 is amended as

 

follows.

 

(2)    

In section 53 (drivers’ licences for hackney carriages and private hire vehicles)—

 

(a)    

in subsection (1)(a), for “for such lesser period as the district council may

 

specify in such licence” substitute “for such lesser period, specified in the

 

licence, as the district council think appropriate in the circumstances of

 

the case”;

 

(b)    

in subsection (1)(b), for “for such lesser period as they may specify in

 

such licence” substitute “for such lesser period, specified in the licence,

 

as the district council think appropriate in the circumstances of the case”.

 

(3)    

In section 55 (licensing of operators of private hire vehicles), for subsection (2)

 

substitute—

 

“(2)    

Every licence granted under this section shall remain in force for five

 

years or for such lesser period, specified in the licence, as the district

 

council think appropriate in the circumstances of the case.” ’.

 

Member’s explanatory statement

 

This amendment inserts a new clause which sets a standard duration of three years for a taxi and

 

private hire vehicle driver’s licence and a standard duration of five years for a private hire vehicle

 

operator’s licence. A lesser period may be specified only if appropriate in a particular case. At

 

present, licensing authorities could have a general policy of specifying a lesser period.


 
 

Notices of Amendments: 13 March 2014                  

58

 

Deregulation Bill, continued

 
 

Private hire vehicles: sub-contracting

 

Tom Brake

 

Oliver Heald

 

NC11

 

To move the following Clause:—

 

‘In the Local Government (Miscellaneous Provisions) Act 1976, after section 55

 

insert—

 

“55A  

Sub-contracting by operators

 

(1)    

A person licensed under section 55 who has in a controlled district

 

accepted a booking for a private hire vehicle may arrange for another

 

person to provide a vehicle to carry out the booking if—

 

(a)    

the other person is licensed under section 55 in respect of the

 

same controlled district and the sub-contracted booking is

 

accepted in that district;

 

(b)    

the other person is licensed under section 55 in respect of another

 

controlled district and the sub-contracted booking is accepted in

 

that district;

 

(c)    

the other person is a London PHV operator and the sub-

 

contracted booking is accepted at an operating centre in London;

 

or

 

(d)    

the other person accepts the sub-contracted booking in Scotland.

 

(2)    

It is immaterial for the purposes of subsection (1) whether or not sub-

 

contracting is permitted by the contract between the person licensed

 

under section 55 who accepted the booking and the person who made the

 

booking.

 

(3)    

Where a person licensed under section 55 in respect of a controlled

 

district is also licensed under that section in respect of another controlled

 

district, subsection (1) (so far as relating to paragraph (b) of that

 

subsection) and section 55B(1) and (2) apply as if each licence were held

 

by a separate person.

 

(4)    

Where a person licensed under section 55 in respect of a controlled

 

district is also a London PHV operator, subsection (1) (so far as relating

 

to paragraph (c) of that subsection) and section 55B(1) and (2) apply as

 

if the person holding the licence under section 55 and the London PHV

 

operator were separate persons.

 

(5)    

Where a person licensed under section 55 in respect of a controlled

 

district also makes provision in the course of a business for the invitation

 

or acceptance of bookings for a private hire car or taxi in Scotland,

 

subsection (1) (so far as relating to paragraph (d) of that subsection) and

 

section 55B(1) and (2) apply as if the person holding the licence under

 

section 55 and the person making the provision in Scotland were separate

 

persons.

 

    

In this subsection, “private hire car” and “taxi” have the same meaning

 

as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.

 

(6)    

In this section, “London PHV operator” and “operating centre” have the

 

same meaning as in the Private Hire Vehicles (London) Act 1998.


 
 

Notices of Amendments: 13 March 2014                  

59

 

Deregulation Bill, continued

 
 

55B    

Sub-contracting by operators: criminal liability

 

(1)    

In this section—

 

“the first operator” means a person licensed under section 55 who has in a

 

controlled district accepted a booking for a private hire vehicle and then

 

made arrangements for another person to provide a vehicle to carry out

 

the booking in accordance with section 55A(1);

 

“the second operator” means the person with whom the first operator made

 

the arrangements (and, accordingly, the person who accepted the sub-

 

contracted booking).

 

(2)    

The first operator is not to be treated for the purposes of section 46(1)(e)

 

as operating a private hire vehicle by virtue of having invited or accepted

 

the booking.

 

(3)    

The first operator is guilty of an offence if—

 

(a)    

the second operator is a person mentioned in section 55A(1)(a)

 

or (b),

 

(b)    

the second operator contravenes section 46(1)(e) in respect of the

 

sub-contracted booking, and

 

(c)    

the first operator knew that the second operator would

 

contravene section 46(1)(e) in respect of the booking.” ’.

 

Member’s explanatory statement

 

This amendment inserts a new clause which allows a private hire vehicle operator to sub-contract

 

a private hire vehicle booking to another operator who is licensed in a different licensing district

 

outside London or based in London or in Scotland.

 

Optional building requirements

 

Tom Brake

 

Oliver Heald

 

NC12

 

To move the following Clause:—

 

‘After section 2A of the Building Act 1984 insert—

 

“2B    

Optional requirements

 

(1)    

Building regulations made by the Secretary of State may include

 

requirements that apply only if a local planning authority in England

 

decide that they apply in respect of a particular development or class of

 

development in the authority’s area.

 

(2)    

In the following provisions of this section, a requirement included in

 

building regulations by virtue of subsection (1) is referred to as an

 

“optional requirement”.

 

(3)    

Building regulations may specify that an optional requirement is capable

 

of applying only in respect of development of a kind described in the

 

regulations.

 

(4)    

Building regulations may specify conditions that must be satisfied before

 

a local planning authority may decide that an optional requirement is to

 

apply.


 
 

Notices of Amendments: 13 March 2014                  

60

 

Deregulation Bill, continued

 
 

(5)    

Building regulations may specify the steps that a local planning authority

 

must take to inform a person subject to an optional requirement of the

 

requirement.

 

(6)    

Where building regulations include an optional requirement that would

 

(to any extent) be inconsistent with another requirement imposed by the

 

regulations, the building regulations must provide—

 

(a)    

that the other requirement does not apply in any case where the

 

optional requirement applies, or

 

(b)    

that the other requirement applies in any such case with

 

modifications specified in the regulations.

 

(7)    

In this section —

 

“development” has the same meaning as in the Town and Country Planning

 

Act 1990 (see section 55 of that Act);

 

“local planning authority” has the same meaning as in Part 2 of the Planning

 

and Compulsory Purchase Act 2004 (see section 37 of that Act).” ’.

 

Member’s explanatory statement

 

This amendment inserts a new clause which amends the Building Act 1984 to confer powers to

 

include provisions in building regulations that become requirements only where a local planning

 

authority so determines.

 

Amendment of Planning and Energy Act 2008

 

Tom Brake

 

Oliver Heald

 

NC13

 

To move the following Clause:—

 

‘In the Planning and Energy Act 2008, in section 1 (energy policies), after

 

subsection (1) insert—

 

“(1A)    

Subsection (1)(c) does not apply to development in England that consists

 

of the construction or adaptation of buildings to provide dwellings or the

 

carrying out of any work on dwellings.” ’.

 

Member’s explanatory statement

 

Section 1(1)(c) of the Planning and Energy Act 2008 allows local planning authorities to require

 

that buildings meet higher energy performance standards than those set out in building

 

regulations. The new clause inserted by this amendment disapplies this for dwellings in England,

 

as Government policy is that all such requirements should be set out in building regulations.

 

Tom Brake

 

Oliver Heald

 

NS1

 

To move the following Schedule:—

 

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

 

determination

 

1          

The Agricultural Holdings Act 1986 is amended as follows.

 

2          

In section 2 (restriction on letting agricultural land for less than from year to

 

year), after subsection (4) (determination of disputes arising as to the operation

 

of the section in relation to any agreement to be by arbitration) insert—


 
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Revised 14 March 2014