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Public Bill Committee: 20 March 2014                  

100

 

Deregulation Bill, continued

 
 

(a)    

works, or is training to work, in an occupation that involves (to

 

any extent) providing an urgent response to fire, riot or other

 

hazardous situations, and

 

(b)    

is at the workplace—

 

(i)    

to provide such a response in circumstances where the

 

wearing of a safety helmet is necessary to protect the

 

Sikh from a risk of injury, or

 

(ii)    

to receive training in how to provide such a response in

 

circumstances of that kind.

 

(6B)    

This section also does not apply to a Sikh who—

 

(a)    

is a member of Her Majesty’s forces or a person providing

 

support to Her Majesty’s forces, and

 

(b)    

is at the workplace—

 

(i)    

to take part in a military operation in circumstances

 

where the wearing of a safety helmet is necessary to

 

protect the Sikh from a risk of injury, or

 

(ii)    

to receive training in how to take part in such an

 

operation in circumstances of that kind.”

 

(6)    

In subsection (7)—

 

(a)    

omit the definitions of “building operations”, “works of engineering

 

construction” and “construction site”;

 

(b)    

before the definition of “injury”, insert—

 

““Her Majesty’s forces” has the same meaning as in the Armed

 

Forces Act 2006;”;

 

(c)    

at the end insert—

 

““workplace” means any premises where work is being undertaken,

 

including premises occupied or normally occupied as a private

 

dwelling; and “premises” includes any place and, in particular,

 

includes—

 

(a)    

any vehicle, vessel, aircraft or hovercraft,

 

(b)    

any installation (including a floating installation or one

 

resting on the seabed or its subsoil or on other land

 

covered with water or its subsoil), and

 

(c)    

any tent or moveable structure.”

 

(7)    

In subsection (8), in paragraph (b), for “on a construction site” substitute “at a

 

workplace”.

 

(8)    

In subsection (9)—

 

(a)    

for “relevant construction site” substitute “relevant workplace”;

 

(b)    

for “construction site” (in the second place where it occurs) substitute

 

“workplace”.

 

(9)    

In subsection (10), for the words from ““relevant construction site” to the end of

 

the subsection substitute ““relevant workplace” means any workplace where

 

work is being undertaken if the premises and the activities being undertaken there

 

are premises and activities to which the Health and Safety at Work etc. Act 1974

 

applies by virtue of the Health and Safety at Work etc. Act 1974 (Application

 

outside Great Britain) Order 2013.”

 

(10)    

In the sidenote, for “on construction sites” substitute “at workplaces”.

 

(11)    

Section 12 of that Act (protection of Sikhs from racial discrimination in

 

connection with requirements as to wearing of safety helmets) is amended as

 

follows.

 

(12)    

In subsection (1)—

 
 

Public Bill Committee: 20 March 2014                  

101

 

Deregulation Bill, continued

 
 

(a)    

in paragraph (a), for “on a construction site” substitute “at a workplace”;

 

(b)    

in paragraph (b), for “on such a site” substitute “at such a workplace”.

 

(13)    

In subsection (3), for “Subsections (7) to (10)” substitute “Subsections (6A) to

 

(10).”.’.

 

Member’s explanatory statement

 

This new clause extends the scope of the exemption under section 11 of the Employment Act 1989,

 

currently limited to construction sites, so that turban-wearing Sikhs will be exempt from legal re­

 

quirements to wear a safety helmet in a workplace of any kind (subject to exceptions set out in sec­

 

tion 11(6A) and (6B) as amended).

 

 
 

Public Bill Committee: 20 March 2014                  

102

 

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

 

Mr Elfyn Llwyd

 

Mr Bernard Jenkin

 

Stephen McPartland

 

Jim Dobbin

 

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

 

David Tredinnick

 

Mr Angus Brendan MacNeil

 

Dan Byles

 

Richard Fuller

 

Dr Julian Lewis

 

Anne Marie Morris

 

Miss Anne McIntosh

 

NC1

 
 

Public Bill Committee: 20 March 2014                  

103

 

Deregulation Bill, continued

 
 

To move the following Clause:—

 

‘(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: 20 March 2014                  

104

 

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: 20 March 2014                  

105

 

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

 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

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.

 
 

Public Bill Committee: 20 March 2014                  

106

 

Deregulation Bill, continued

 
 

(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

 

(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

 

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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