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| |
| |
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| | (a) | works, or is training to work, in an occupation that involves (to |
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| | any extent) providing an urgent response to fire, riot or other |
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| | hazardous situations, and |
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| | |
| | (i) | to provide such a response in circumstances where the |
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| | wearing of a safety helmet is necessary to protect the |
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| | Sikh from a risk of injury, or |
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| | (ii) | to receive training in how to provide such a response in |
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| | circumstances of that kind. |
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| | (6B) | This section also does not apply to a Sikh who— |
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| | (a) | is a member of Her Majesty’s forces or a person providing |
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| | support to Her Majesty’s forces, and |
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| | |
| | (i) | to take part in a military operation in circumstances |
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| | where the wearing of a safety helmet is necessary to |
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| | protect the Sikh from a risk of injury, or |
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| | (ii) | to receive training in how to take part in such an |
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| | operation in circumstances of that kind.” |
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| | |
| | (a) | omit the definitions of “building operations”, “works of engineering |
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| | construction” and “construction site”; |
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| | (b) | before the definition of “injury”, insert— |
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| | ““Her Majesty’s forces” has the same meaning as in the Armed |
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| | |
| | |
| | ““workplace” means any premises where work is being undertaken, |
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| | including premises occupied or normally occupied as a private |
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| | dwelling; and “premises” includes any place and, in particular, |
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| | |
| | (a) | any vehicle, vessel, aircraft or hovercraft, |
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| | (b) | any installation (including a floating installation or one |
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| | resting on the seabed or its subsoil or on other land |
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| | covered with water or its subsoil), and |
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| | (c) | any tent or moveable structure.” |
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| | (7) | In subsection (8), in paragraph (b), for “on a construction site” substitute “at a |
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| | |
| | |
| | (a) | for “relevant construction site” substitute “relevant workplace”; |
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| | (b) | for “construction site” (in the second place where it occurs) substitute |
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| | |
| | (9) | In subsection (10), for the words from ““relevant construction site” to the end of |
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| | the subsection substitute ““relevant workplace” means any workplace where |
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| | work is being undertaken if the premises and the activities being undertaken there |
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| | are premises and activities to which the Health and Safety at Work etc. Act 1974 |
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| | applies by virtue of the Health and Safety at Work etc. Act 1974 (Application |
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| | outside Great Britain) Order 2013.” |
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| | (10) | In the sidenote, for “on construction sites” substitute “at workplaces”. |
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| | (11) | Section 12 of that Act (protection of Sikhs from racial discrimination in |
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| | connection with requirements as to wearing of safety helmets) is amended as |
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| | |
| | |
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| |
| |
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| | (a) | in paragraph (a), for “on a construction site” substitute “at a workplace”; |
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| | (b) | in paragraph (b), for “on such a site” substitute “at such a workplace”. |
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| | (13) | In subsection (3), for “Subsections (7) to (10)” substitute “Subsections (6A) to |
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| | |
| | Member’s explanatory statement
|
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| | This new clause extends the scope of the exemption under section 11 of the Employment Act 1989, |
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| | currently limited to construction sites, so that turban-wearing Sikhs will be exempt from legal re |
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| | quirements to wear a safety helmet in a workplace of any kind (subject to exceptions set out in sec |
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| | tion 11(6A) and (6B) as amended). |
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| |
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| |
| |
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| To move the following Clause:— |
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| | ‘(1) | Section 363 (licence required for use of TV receiver) of the Communications Act |
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| | 2003 is amended as follows. |
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| | (2) | In subsections (2) and (3), for “guilty of an offence” substitute “liable to a civil |
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| | |
| | (3) | Leave out subsection (4) and insert— |
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| | “(4) | The Secretary of State shall specify by regulations the level of penalty to |
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| | be imposed under this section. |
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| | (4A) | Regulations under subsection (4) shall be made by statutory instrument. |
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| | (4B) | A statutory instrument under subsection (4A) shall not be made unless a |
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| | draft has been laid before and approved by both Houses of Parliament.”.’. |
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| |
| | Designation of rights over unsealed ways |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Every way to which this section applies shall be designated for inclusion on the |
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| | definitive map as a restricted byway, subject to subsections (3) to (8). |
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| | (2) | In respect of any way designated as a restricted byway under subsection (1) |
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| | unrecorded public rights to use mechanically propelled vehicles shall be |
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| | |
| | (3) | Subsection (1) applies to any unsealed way which immediately before the |
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| | commencement of this section is not shown in any definitive map and statement |
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| | as a public right of way but is included in the List of Streets held by the relevant |
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| | authority under section 36(6) of the Highways Act 1980. |
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| | (4) | Subsection (1) shall come into force one year after commencement but at any |
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| | time within that year (or within such time as may be prescribed under Regulations |
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| | made under section 56A of the Countryside and Rights of Way Act 2000 the |
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| | surveying authority may, in respect of any way to which subsection (1) would |
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| | otherwise apply, designate that way— |
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| | (a) | as being necessary to the ordinary road network for use by the public in |
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| | mechanically propelled vehicles; or |
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| | (b) | as being more properly designated as a footpath or bridleway taking into |
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| | account all known evidence of historic rights; or |
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| | (c) | as carrying no public rights taking into account all known evidence of |
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| | |
| | | and in such cases subsection (1) shall only apply as provided for within the |
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| | |
| | (5) | If at commencement exercise of rights to use mechanically propelled vehicles— |
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| | (a) | is reasonably necessary to enable a person with an interest in land to |
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| | |
| | (b) | would have been reasonably necessary to enable that person to obtain |
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| | access to a part of that land if the person had an interest in that part only, |
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| | | the right becomes a private right of way for mechanically propelled vehicles for |
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| | the benefit of the land or (as the case may be) the part of the land. |
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| |
| |
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| | (6) | Subsection (1) shall not apply where public rights to use mechanically propelled |
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| | vehicles can be shown to exist under the provisions set out in subsections |
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| | 67(2)(a), (c) or (d) of the Natural Environment and Rural Communities Act 2006. |
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| | |
| | (a) | Nothing in this section shall affect the operation of section 53 of, or |
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| | Schedule 14 or 15 to, the Wildlife and Countryside Act 1981 (“the 1981 |
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| | |
| | (i) | a relevant order made before commencement; or |
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| | (ii) | an application made before commencement for a relevant order, |
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| | |
| | (a) | in the event of the order being confirmed as determining |
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| | the existence of public rights to use mechanically |
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| | propelled vehicles this section shall instead apply, and |
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| | (b) | in the event of the order being confirmed as determining |
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| | the existence of public footpath or bridleway rights this |
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| | section shall be of no effect. |
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| | (b) | In this subsection “relevant order” means an order that is made under |
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| | section 53 of the 1981 Act and contains modifications relating to that way |
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| | by virtue of subsection (3)(c)(i) or (3)(c)(ii) of that Act. |
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| | (8) | In this section “unsealed” means a way whose surface, or most of whose surface, |
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| | does not consist of concrete, tarmacadam, coated roadstone or other prescribed |
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| | |
| |
| | Mechanically propelled vehicles on unsealed roads: removal of burdens |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Within one year of the coming into force of this section the Secretary of State |
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| | 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— |
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| | (a) | the users of such rights of way, |
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| | |
| | (c) | other interested parties. |
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| | (2) | A report under subsection (1) shall include— |
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| | (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. |
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| | (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.’. |
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| |
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| |
| |
|
| | |
| |
| | |
| 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 |
|
| | |
| | (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.”.’. |
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| |
| | Licensing: review of legislation |
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| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| |
| | Discount for person exercising right to buy |
|
| |
| | |
| 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. |
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|
|
| |
| |
|
| | |
| | (a) | after “calculated”, insert “by the relevant local housing authority— (a)”; |
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| | |
| | |
| | “(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 |
|
| | |
| | (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 |
|
| | |
| |
| | Use of capital receipts by local authorities |
|
| |
| | |
| 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 |
|
| |
| | |
| 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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|