Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

93

 

House of Commons

 
 

Thursday 20 March 2014

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments 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].

 


 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

27

 

Clause  61,  page  40,  line  34,  leave out from ‘function’ to end of line 41 and insert—

 

‘must 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 complaints received relating to the exercise to of their functions

 

and/or their engagement with their duties.’.

 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

28

 

Clause  61,  page  40,  line  35,  after ‘promoting’, insert ‘sustainable’.

 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

29

 

Clause  61,  page  40,  line  38,  after ‘promotion of’, insert ‘sustainable’.

 

Member’s explanatory statement


 
 

Public Bill Committee: 20 March 2014                  

94

 

Deregulation Bill, continued

 
 

This makes consequential changes as a result of Amendment 28.

 


 

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

 

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.

 



 
 

Public Bill Committee: 20 March 2014                  

95

 

Deregulation Bill, continued

 
 

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.”

 

(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


 
 

Public Bill Committee: 20 March 2014                  

96

 

Deregulation Bill, continued

 
 

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.

 


 

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—


 
 

Public Bill Committee: 20 March 2014                  

97

 

Deregulation Bill, continued

 
 

(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.

 

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—


 
 

Public Bill Committee: 20 March 2014                  

98

 

Deregulation Bill, continued

 
 

(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.

 

(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 —


 
 

Public Bill Committee: 20 March 2014                  

99

 

Deregulation Bill, continued

 
 

“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.

 


 

Requirements to wear safety helmets: exemption for Sikhs

 

Tom Brake

 

Oliver Heald

 

NC18

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements

 

as to wearing of safety helmets on construction sites) is amended in accordance

 

with subsections (2) to (10).

 

(2)    

In subsection (1), for “on a construction site” substitute “at a workplace”.

 

(3)    

In subsection (2), in paragraph (a), for “on a construction site” substitute “at a

 

workplace”.

 

(4)    

In subsection (5), in the opening words, for “on a construction site” substitute “at

 

a workplace”.

 

(5)    

After subsection (6) insert—

 

“(6A)    

This section does not apply to a Sikh who—


 
contents continue
 

© Parliamentary copyright
Revised 20 March 2014