House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

69

House of Commons

Tuesday 18 March 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Deregulation Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [25 February].

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.”.’.

Member’s explanatory statement

This amendment is consequential on amendment 17.

Public Bill Committee: 18 March 2014
70

Deregulation Bill, continued

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.

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

Public Bill Committee: 18 March 2014
71

Deregulation Bill, continued

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 pre

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

tails, 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.

Dr Julian Huppert

John Hemming

1

Schedule  17,  page  147,  line  10,  at end insert—

‘The Treason Felony Act 1848


The Treason Felony Act 1848 is repealed.’.

Dr Julian Huppert

John Hemming

13

Schedule  17,  page  147,  line  10,  at end insert—

Public Bill Committee: 18 March 2014
72

Deregulation Bill, continued

‘The Treason Felony Act 1848


In section 3 of the Treason Felony Act 1848, leave out from “to deprive” to

“countries, or”.’.

Chi Onwurah

Toby Perkins

Thomas Docherty

27


Clause  61,  page  40,  line  34,  leave out from ‘function’ to the end of Clause and

insert—

‘publish an annual report which—

‘(a)
makes an assessment of the extent to which they have taken into account

the specific needs of small and medium sized enterprises in the exercise

of that function, and

(b)
sets out complainstsreceived relating to the exercise to of their functions

and/or their engagement with their duties.’.

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

Public Bill Committee: 18 March 2014
73

Deregulation Bill, continued

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.

New ClauseS

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—

“(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.”

Public Bill Committee: 18 March 2014
74

Deregulation Bill, continued

(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 pri

vate 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.

Public Bill Committee: 18 March 2014
75

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.



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