Session 2013 - 14
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Other Bills before Parliament


 
 

121

 

House of Commons

 
 

Tuesday 25 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].

 


 

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.


 
 

Public Bill Committee: 25 March 2014                  

122

 

Deregulation Bill, continued

 
 

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.”

 

(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


 
 

Public Bill Committee: 25 March 2014                  

123

 

Deregulation Bill, continued

 
 

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

 

private 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: 25 March 2014                  

124

 

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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Revised 25 March 2014