Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 18 March 2014                  

76

 

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.


 
 

Public Bill Committee: 18 March 2014                  

77

 

Deregulation Bill, continued

 
 

(4)    

Building regulations may specify conditions that must be satisfied before

 

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

 

apply.

 

(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 in­

 

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

 

thority 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 regula­

 

tions. The new clause inserted by this amendment disapplies this for dwellings in England, as Gov­

 

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

 



 
 

Public Bill Committee: 18 March 2014                  

78

 

Deregulation Bill, continued

 
 

TV licence fee non-payment: de-criminalisation

 

Andrew Bridgen

 

Mr David Davis

 

Sammy Wilson

 

Mr Brian H. Donohoe

 

Mr David Nuttall

 

Neil Carmichael

 

Andrew Bingham

 

Stephen Mosley

 

Mr Philip Hollobone

 

Mr John Redwood

 

Mr Andrew Turner

 

Nick de Bois

 

Angie Bray

 

Mr David Ruffley

 

Chris Kelly

 

Robert Halfon

 

Mr William Cash

 

Andrew Rosindell

 

Tracey Crouch

 

Nigel Mills

 

Kate Hoey

 

Mark Field

 

Barry Sheerman

 

Jason McCartney

 

Philip Davies

 

Steve Rotheram

 

Mr Andrew Love

 

Martin Vickers

 

John Cryer

 

Bob Stewart

 

Mr Stewart Jackson

 

Mr Charles Walker

 

Steve Baker

 

Mr Brian Binley

 

Mr Graham Stuart

 

Bill Wiggin

 

Mrs Cheryl Gillan

 

Mr Peter Bone

 

Adam Afriyie

 

Mr Gerry Sutcliffe

 

Jackie Doyle-Price

 

Pauline Latham

 

Sir Edward Leigh

 

John Hemming

 

Caroline Nokes

 

James Duddridge

 

Ian Mearns

 

Mr James Gray

 

Annette Brooke

 

Bob Blackman

 

Sir Menzies Campbell

 

Nadine Dorries

 

Stephen Metcalfe

 

Zac Goldsmith

 

Kelvin Hopkins

 

Valerie Vaz

 

Andrew Miller

 

Mark Hendrick

 

Mr Jim Cunningham

 

Gordon Birtwistle

 

Guto Bebb

 

Dr William McCrea

 

Andrew Percy

 

Mr Douglas Carswell

 

Mr David Crausby

 

Alec Shelbrooke

 

Sir Roger Gale

 

Mr Mark Spencer

 

Craig Whittaker

 

David Morris

 

Jim McGovern

 

Caroline Lucas

 

Lorely Burt

 

Stephen Barclay

 

Mrs Anne Main

 

Neil Parish

 

Frank Dobson

 

Heather Wheeler

 

Mr Dominic Raab

 

Dr Phillip Lee

 

Henry Smith

 

Paul Farrelly

 

Sir Richard Shepherd

 

Mr Graham Brady

 

Karen Lumley

 

Grahame M. Morris

 

Andrew Stephenson

 

Dr Matthew Offord

 

Chris White

 

Mr Mark Prisk

 

Mr Nigel Dodds

 

Austin Mitchell

 

Mr Elfyn Llwyd

 

Mr Bernard Jenkin

 

Stephen McPartland

 

Jim Dobbin

 

Chris Williamson

 

Stephen Gilbert

 

Andrea Leadsom

 

Jeremy Lefroy

 

Mark Durkan

 

Mr James Clappison

 

Mr John Baron

 

Jesse Norman

 

Mr Frank Field

 

Dr Julian Huppert

 

Fiona O’Donnell

 

Mr Lawrence Robertson

 

David T. C. Davies

 

Mr Jonathan Djanogly

 

Mr Graham Allen

 

Julian Sturdy

 

Mr Robert Syms

 

Jim Shannon

 

Jacob Rees-Mogg

 

Mr Adrian Bailey

 

Mark Pawsey

 

Charlotte Leslie

 

Mark Garnier

 

Chris Heaton-Harris

 

Mr Crispin Blunt

 

Rebecca Harris

 

Dr Sarah Wollaston

 

Mr James Arbuthnot

 

Sir James Paice

 

Mr David Lammy

 

Mr Stephen Hepburn

 

Sir Greg Knight

 

Mr Geoffrey Cox

 

Sir Edward Garnier

 

Mr Stephen Dorrell

 

Tim Loughton

 

Caroline Dinenage

 

Ms Gisela Stuart

 

Stephen Phillips

 

Geoffrey Clifton-Brown

 

Mike Freer

 

Mike Weatherley

 

Ian Lavery

 

Greg Mulholland

 

Mr Ian Liddell-Grainger

 

Karl McCartney

 

Mark Reckless

 

Eric Joyce

 

Sheryll Murray

 

NC1

 

To move the following Clause:—


 
 

Public Bill Committee: 18 March 2014                  

79

 

Deregulation Bill, continued

 
 

‘(1)    

Section 363 (licence required for use of TV receiver) of the Communications Act

 

2003 is amended as follows.

 

(2)    

In subsections (2) and (3), for “guilty of an offence” substitute “liable to a civil

 

penalty”.

 

(3)    

Leave out subsection (4) and insert—

 

“(4)    

The Secretary of State shall specify by regulations the level of penalty to

 

be imposed under this section.

 

(4A)    

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

 

(4B)    

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

 

draft has been laid before and approved by both Houses of Parliament.”.’.

 


 

Designation of rights over unsealed ways

 

John Hemming

 

NC2

 

To move the following Clause:—

 

‘(1)    

Every way to which this section applies shall be designated for inclusion on the

 

definitive map as a restricted byway, subject to subsections (3) to (8).

 

(2)    

In respect of any way designated as a restricted byway under subsection (1)

 

unrecorded public rights to use mechanically propelled vehicles shall be

 

extinguished.

 

(3)    

Subsection (1) applies to any unsealed way which immediately before the

 

commencement of this section is not shown in any definitive map and statement

 

as a public right of way but is included in the List of Streets held by the relevant

 

authority under section 36(6) of the Highways Act 1980.

 

(4)    

Subsection (1) shall come into force one year after commencement but at any

 

time within that year (or within such time as may be prescribed under Regulations

 

made under section 56A of the Countryside and Rights of Way Act 2000 the

 

surveying authority may, in respect of any way to which subsection (1) would

 

otherwise apply, designate that way—

 

(a)    

as being necessary to the ordinary road network for use by the public in

 

mechanically propelled vehicles; or

 

(b)    

as being more properly designated as a footpath or bridleway taking into

 

account all known evidence of historic rights; or

 

(c)    

as carrying no public rights taking into account all known evidence of

 

historic rights,

 

    

and in such cases subsection (1) shall only apply as provided for within the

 

Regulations.

 

(5)    

If at commencement exercise of rights to use mechanically propelled vehicles—

 

(a)    

is reasonably necessary to enable a person with an interest in land to

 

obtain access to it; or

 

(b)    

would have been reasonably necessary to enable that person to obtain

 

access to a part of that land if the person had an interest in that part only,

 

    

the right becomes a private right of way for mechanically propelled vehicles for

 

the benefit of the land or (as the case may be) the part of the land.


 
 

Public Bill Committee: 18 March 2014                  

80

 

Deregulation Bill, continued

 
 

(6)    

Subsection (1) shall not apply where public rights to use mechanically propelled

 

vehicles can be shown to exist under the provisions set out in subsections

 

67(2)(a), (c) or (d) of the Natural Environment and Rural Communities Act 2006.

 

(7)    

 

(a)    

Nothing in this section shall affect the operation of section 53 of, or

 

Schedule 14 or 15 to, the Wildlife and Countryside Act 1981 (“the 1981

 

Act”) in relation to—

 

(i)    

a relevant order made before commencement; or

 

(ii)    

an application made before commencement for a relevant order,

 

however

 

(a)    

in the event of the order being confirmed as determining

 

the existence of public rights to use mechanically

 

propelled vehicles this section shall instead apply, and

 

(b)    

in the event of the order being confirmed as determining

 

the existence of public footpath or bridleway rights this

 

section shall be of no effect.

 

(b)    

In this subsection “relevant order” means an order that is made under

 

section 53 of the 1981 Act and contains modifications relating to that way

 

by virtue of subsection (3)(c)(i) or (3)(c)(ii) of that Act.

 

(8)    

In this section “unsealed” means a way whose surface, or most of whose surface,

 

does not consist of concrete, tarmacadam, coated roadstone or other prescribed

 

material.’.

 


 

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.’.

 



 
 

Public Bill Committee: 18 March 2014                  

81

 

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.’.

 


 

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)—


 
 

Public Bill Committee: 18 March 2014                  

82

 

Deregulation Bill, continued

 
 

(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

 

(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.”.’.

 


 

Management of traffic over unsealed ways

 

John Hemming

 

NC14

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State shall issue guidance to traffic authorities and national park

 

authorities as to permanent schemes of traffic regulation appropriate to ground

 

conditions and other considerations as specified in section 1 of the Road Traffic

 

Regulation Act 1984 (as amended).

 

(2)    

The Secretary of State shall issue guidance to clarify the application of section 3

 

of the Road Traffic Act 1988, and section 59 of the Police Reform Act 2002, to

 

the irresponsible driving of motor vehicles on unsealed ways.

 

(3)    

Before issuing guidance under subsection (2) the Secretary of State shall consult

 

the Association of Chief Police Officers.


 
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