House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25 March 2014
132

Deregulation Bill, continued

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.

(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.

Public Bill Committee: 25 March 2014
133

Deregulation Bill, continued

(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.’.

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

Public Bill Committee: 25 March 2014
134

Deregulation Bill, continued

(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.

(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—

Public Bill Committee: 25 March 2014
135

Deregulation Bill, continued

“(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.

(4)
In this section “unsealed” means a way whose surface, or most of whose surface,

does not consist of concrete, tarmacadem, coated roadstone or other prescribed

material.’.

Public Bill Committee: 25 March 2014
136

Deregulation Bill, continued

Repeal of rules relating to the submission of D1 forms in hard copy

Chi Onwurah

Toby Perkins

Thomas Docherty

NC15

To move the following Clause:—

‘(1)
Section 3 of The Insolvent Companies (Reports on Conduct of Directors) Rules

1996 is amended in accordance with subsection (2).

(2)
Leave out subsection (2) of the Rules mentioned in subsection (1) and insert—

“(2)
Such a report shall be made in the manner most economically effficient

and convenient, whilst retaining the necesary confidentiality and security

provisions.”.

(3)
Within six months of this Act coming into force, the Secretary of State shall

establish a new online form for the submission of the information previously

submitted via the Form D1 to enable the early identification of serious delinquent

behaviour by directors.’.

Nursery schools: inclusion in schools trusts

Chi Onwurah

Toby Perkins

Thomas Docherty

NC16

To move the following Clause:—

‘(1)
In section 18 of the Education and Inspections Act 2006, omit subsection (4)(f).’.

Schools: establishment as Industrial and Provident Societies

Chi Onwurah

Toby Perkins

Thomas Docherty

NC17

To move the following Clause:—

‘(1)
The School Organisation (Requirements as to Foundations) (England)

Regulations 2007 are amended as follows.

(2)
At end of 3(b) insert “or;

(c)
An Industrial and Provident Society as defined in the Industrial and

Provident Society Act 1965.”.’.

Public Bill Committee: 25 March 2014
137

Deregulation Bill, continued

New Schedule

Tom Brake

Oliver Heald

NS1

To move the following Schedule:—

‘Agricultural Holdings Act 1986: resolution of disputes by third party

determination

1
The Agricultural Holdings Act 1986 is amended as follows.

2
In section 2 (restriction on letting agricultural land for less than from year to

year), after subsection (4) (determination of disputes arising as to the operation

of the section in relation to any agreement to be by arbitration) insert—

“(5)
Notwithstanding subsection (4) above, the parties to the agreement

may instead refer for third party determination under this Act the

dispute that has arisen as to the operation of this section.”

3    (1)
Section 6 (right to written tenancy agreement) is amended as follows.

      (2)
After subsection (1) insert—

“(1A)
Where the landlord or tenant has the right under subsection (1) above

to refer the terms of the tenancy to arbitration under this Act, the

landlord and tenant may instead refer the terms of the tenancy for third

party determination under this Act.”

      (3)
In subsection (2) (contents of arbitrator’s award)—

(a)
in the opening words, after “arbitrator in his award” insert “or (as the

case may be) the third party in his determination”;

(b)
in paragraph (b), after “arbitrator” insert “or third party”.

      (4)
In subsection (3) (power of arbitrator to vary rent in consequence of award)—

(a)
after “arbitrator” insert “or third party”;

(b)
after “award” insert “or (as the case may be) his determination”.

      (5)
In subsection (4) (effect of arbitrator’s award)—

(a)
after “The award of an arbitrator” insert “or (as the case may be) the

determination of a third party”;

(b)
after “the award” (in each place where it occurs) insert “or

determination”.

      (6)
In subsection (6) (period when determination of the terms of the tenancy is

pending), after “award of an arbitrator” insert “or the determination of a third

party”.

4
In section 7 (model clauses as to the maintenance, repair and insurance of fixed

equipment), in subsection (2) (power for regulations to make provision for

matters arising under them to be determined by arbitration), after “arbitration”

insert “or third party determination”.

5    (1)
Section 8 (arbitration where terms of written agreement are inconsistent with

the model clauses) is amended as follows.

      (2)
After subsection (2) insert—

“(2A)
Where the landlord or tenant has the right under subsection (2) above

to refer the terms of the tenancy as to the maintenance, repair and

insurance of fixed equipment to arbitration under this Act (or would

have that right but for subsection (6) below), the landlord and tenant

may instead refer those terms for third party determination under this

Act.”

Public Bill Committee: 25 March 2014
138

Deregulation Bill, continued

      (3)
In subsection (3) (arbitrator’s duty to consider terms and power to vary

them)—

(a)
after “arbitrator” insert “or third party”;

(b)
after “arbitration” insert “or (as the case may be) for third party

determination”;

(c)
after “award” insert “or determination”.

      (4)
In subsection (4) (power of arbitrator to vary rent in consequence of award)—

(a)
after “arbitrator” insert “or third party”;

(b)
after “award” insert “or (as the case may be) his determination”.

      (5)
In subsection (5) (effect of arbitrator’s award)—

(a)
after “The award of an arbitrator” insert “or (as the case may be) the

determination of a third party”;

(b)
after “the award” (in each place where it occurs) insert “or

determination”.

      (6)
In subsection (6) (references under section to be made at least 3 years apart)—

(a)
after “a reference” insert “to arbitration or third party determination”;

(b)
for “further such reference” substitute “subsequent reference to

arbitration”;

(c)
after “award of the arbitrator” insert “or (as the case may be) the

determination of the third party”.

      (7)
In the sidenote, after “Arbitration” insert “or third party determination”.

6    (1)
Section 9 (transitional arrangements where liability in respect of fixed

equipment transferred) is amended as follows.

      (2)
After subsection (1) insert—

“(1A)
Where the landlord has the right under subsection (1) above to require

that there shall be determined by arbitration under this Act and paid by

the tenant the amount of any relevant compensation (or would have

that right but for the expiry of the prescribed period), the landlord and

tenant may instead refer for third party determination under this Act

the question of the amount of any relevant compensation that the

tenant is to be required to pay.”

      (3)
In subsection (2) (definition of “relevant compensation”), for “subsection (1)

above” (in the first place where it occurs) substitute “subsections (1) and (1A)

above”.

      (4)
After subsection (3) insert—

“(3A)
Where the tenant has the right under subsection (3) above to require

that there shall be determined by arbitration under this Act a claim of

a type described in that subsection (or would have that right but for the

expiry of the prescribed period), the tenant and landlord may instead

refer the claim for third party determination under this Act.”

      (5)
In subsection (4) (provision about disregarding a variation of the terms of a

tenancy as to the maintenance, repair or insurance of fixed equipment), after

“arbitrator” insert “or third party”.

7
In section 10 (tenant’s right to remove fixtures and buildings), after subsection

(6) (determination by arbitration of any dispute between a landlord and tenant

as to the amount payable by the landlord under subsection (4) on an election to

purchase a fixture or building) insert—

“(6A)
Notwithstanding subsection (6) above, the landlord and tenant may

instead refer for third party determination under this Act the dispute



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