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Session 2013 - 14
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Public Bill Committee: 25 March 2014                  

125

 

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: 25 March 2014                  

126

 

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

 

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

 

authority 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

 

regulations. The new clause inserted by this amendment disapplies this for dwellings in England,

 

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

 

 
 

Public Bill Committee: 25 March 2014                  

127

 

Deregulation Bill, continued

 
 

Requirements to wear safety helmets: exemption for Sikhs

 

Tom Brake

 

Oliver Heald

 

NC18

 

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—

 

(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.”

 
 

Public Bill Committee: 25 March 2014                  

128

 

Deregulation Bill, continued

 
 

(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)—

 

(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

 

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

 

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

 

 

TV licensing: duty to review sanctions

 

Andrew Bridgen

 

Oliver Heald

 

NC19

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must carry out a review of the sanctions that are

 

appropriate in respect of contraventions of section 363 of the Communications

 

Act 2003 (licence required for installation or use of television recording).

 

(2)    

A review under subsection (1) must—

 

(a)    

examine proposals for decriminalisation of offences under section 363 of

 

the Communications Act 2003;

 

(b)    

begin before the end of a period of three months from the day on which

 

this Act is passed;

 

(c)    

be completed no later than 12 months after the day on which it begins;

 

and

 
 

Public Bill Committee: 25 March 2014                  

129

 

Deregulation Bill, continued

 
 

(d)    

be laid before both Houses of Parliament by the Secretary of State on

 

completion and be presented to the BBC Trust.’.

 

Member’s explanatory statement

 

The Clause provides for a review of the sanctions that may be imposed for non-payment of the

 

television licence fee, including proposals for decriminalisation.

 

 

TV licensing: alternatives to criminal sanctions

 

Andrew Bridgen

 

Oliver Heald

 

NC20

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations made by statutory instrument—

 

(a)    

replace the TV licensing offences with civil monetary penalties payable

 

to the BBC, or

 

(b)    

amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so

 

as to enable an order to be made under section 36 of that Act conferring

 

power on the BBC to impose in relation to a TV licensing offence—

 

(i)    

a fixed monetary penalty (within the meaning of that Part);

 

(ii)    

a variable monetary penalty (within the meaning of that Part).

 

(2)    

Regulations under subsection (1)(a) may provide for the amount of a monetary

 

penalty to be a fixed amount specified in, or determined in accordance with, the

 

regulations.

 

(3)    

Regulations under subsection (1)(a) must—

 

(a)    

make provision as to the steps that must be taken before a monetary

 

penalty is imposed;

 

(b)    

make provision conferring rights to appeal against the imposition of a

 

monetary penalty.

 

(4)    

Regulations under subsection (1)(a) may make provision corresponding to any

 

provision that could be included in an order under Part 3 of the Regulatory

 

Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early

 

payment discounts, late payment and enforcement).

 

(5)    

Regulations under subsection (1)(a) may—

 

(a)    

confer powers to obtain information for the purpose of determining

 

whether to impose a monetary penalty;

 

(b)    

confer powers of entry, search or seizure for that purpose.

 

(6)    

Regulations under subsection (1)(a) may repeal or otherwise amend any

 

provision of Part 4 of the Communications Act 2003.

 

(7)    

Any sums received by the BBC by virtue of regulations under this section must

 

be paid into the Consolidated Fund.

 

(8)    

Regulations under this section may include—

 

(a)    

consequential provision, or

 

(b)    

transitional, transitory or saving provision,

 

    

and any such provision may be made by repealing, revoking or otherwise

 

amending or modifying legislation.

 

(9)    

Regulations under this section may make different provision for different

 

purposes or areas.

 
 

Public Bill Committee: 25 March 2014                  

130

 

Deregulation Bill, continued

 
 

(10)    

A statutory instrument containing regulations under this section may not be made

 

unless a draft has been laid before, and approved by resolution of, each House of

 

Parliament.

 

(11)    

Unless the power conferred by subsection (1) is exercised before the end of the

 

period of 24 months beginning with the day on which the review required by

 

section (TV licensing: duty to review sanctions) is completed, this section expires

 

at the end of that period.

 

(12)    

The TV licensing offences are—

 

(a)    

the offence under section 363(2) of the Communications Act 2003

 

(installing or using a television receiver without a licence, and

 

(b)    

the offence under section 363(3) of that Act (having a receiver in a

 

person’s possession intending to install or use it without a licence etc).

 

(13)    

In this section—

 

“the BBC” means the British Broadcasting Corporation;

 

“legislation” means—

 

(a)    

an Act or subordinate legislation (within the meaning of the

 

Interpretation Act 1978);

 

(b)    

an Act of the Scottish Parliament or an instrument made under an

 

Act of the Scottish Parliament;

 

(c)    

a Measure or Act of the National Assembly for Wales or an

 

instrument made under a Measure or Act of that Assembly; and

 

(d)    

Northern Ireland legislation or an instrument made under

 

Northern Ireland legislation.’.

 

Member’s explanatory statement

 

This Clause gives the Secretary of State power to introduce alternatives to criminal sanctions for

 

non-payment of the television licence fee, subject to the approval of both Houses of Parliament.

 

 

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

 
 

Public Bill Committee: 25 March 2014                  

131

 

Deregulation Bill, continued

 
 

Annette Brooke

 

Bob Blackman

 

Sir Menzies Campbell

 

Nadine Dorries

 

Stephen Metcalfe

 

Zac Goldsmith

 

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 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

 

Mr George Galloway

 

NC1

 

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.”.’.

 

 
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