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Deregulation Bill (HC Bill 162)

Deregulation BillPage 10

A’s statement under this section must include a statement to that
effect.

(3) After section 519 insert—

519A Meaning of “public interest company”, “non-public interest
5company” and “exempt reasons”

(1) In this Chapter—

  • “public interest company” means a company—

    (a)

    any of whose transferable securities are included in the
    official list (within the meaning of Part 6 of the Financial
    10Services and Markets Act 2000), or

    (b)

    any of whose equity share capital is officially listed in an
    EEA state;

  • “non-public interest company” means a company that is not a
    public interest company.

(2) 15For the purposes of the definition of “public interest company”,
“transferable securities” means anything which is a transferable
security for the purposes of Directive 2004/39/EC of the European
Parliament and of the Council on markets in financial instruments.

(3) In the application of this Chapter to an auditor (“A”) of a company
20ceasing to hold office, the following are “exempt reasons”—

(a) A is no longer to carry out statutory audit work within the
meaning of Part 42 (see section 1210(1));

(b) the company is, or is to become, exempt from audit under
section 477, 479A or 480, or from the requirements of this Part
25under section 482, and intends to include in its balance sheet a
statement of the type described in section 475(2);

(c) the company is a subsidiary undertaking of a parent
undertaking that is incorporated in the United Kingdom and—

(i) the parent undertaking prepares group accounts, and

(ii) 30A is being replaced as auditor of the company by the
auditor who is conducting, or is to conduct, an audit of
the group accounts;

(d) the company is being wound up under Part 4 of the Insolvency
Act 1986 or Part 5 of the Insolvency (Northern Ireland) Order
351989 (S.I. 1989/2405 (N.I. 19)S.I. 1989/2405 (N.I. 19)), whether voluntarily or by the
court, or a petition under Part 4 of that Act or Part 5 of that
Order for the winding up of the company has been presented
and not finally dealt with or withdrawn.

(4) But the reason described in subsection (3)(c) is only an exempt reason
40if the auditor who is conducting, or is to conduct, an audit of the group
accounts is also conducting, or is also to conduct, the audit (if any) of
the accounts of each of the subsidiary undertakings (of the parent
undertaking) that is incorporated in the United Kingdom and included
in the consolidation.

(5) 45The Secretary of State may by order amend the definition of “public
interest company” in subsection (1).

(6) An order under subsection (5) is subject to negative resolution
procedure.

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(4) In section 523 (duty of company to notify appropriate audit authority), for
subsections (1) to (3) substitute—

(1) This section applies if an auditor is ceasing to hold office—

(a) in the case of a private company, at any time other than at the
5end of a period for appointing auditors;

(b) in the case of a public company, at any time other than at the
end of an accounts meeting.

(1A) But this section does not apply if the company reasonably believes that
the only reasons for the auditor’s ceasing to hold office are exempt
10reasons (as to which see section 519A(3)).

(2) Where this section applies, the company must give notice to the
appropriate audit authority that the auditor is ceasing to hold office.

(2A) The notice is to take the form of a statement by the company of what the
company believes to be the reasons for the auditor’s ceasing to hold
15office and must include the information listed in section 519(3).

This is subject to subsection (2C).

This is subject to subsection (2C).

(2B) Subsection (2C) applies where—

(a) the company receives a statement from the auditor under
20section 519,

(b) the statement is sent at the time required by section 519(4), and

(c) the company agrees with the contents of the statement.

(2C) Where this subsection applies, the notice may instead take the form of
a copy of the statement endorsed by the company to the effect that it
25agrees with the contents of the statement.

(3) A notice under this section must be given within the period of 28 days
beginning with the day on which the auditor ceases to hold office.

(5) Schedule 4 (auditors ceasing to hold office) makes provision about the
following matters—

(a) 30the notification requirements that apply on an auditor ceasing to hold
office;

(b) the requirements that apply if there is a failure to re-appoint an auditor;

(c) the replacement of references to documents being deposited at a
company’s registered office.

12 35Insolvency and company law: miscellaneous

Schedule 5 makes provision about the following matters—

(a) deeds of arrangement;

(b) administration and winding up of companies;

(c) disqualification of unfit directors of insolvent companies;

(d) 40bankruptcy;

(e) insolvency practitioners;

(f) liabilities of administrators etc and preferential debts;

(g) appointment of proxies under company law.

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Use of land

13 Recorded rights of way: additional protection

In the Countryside and Rights of Way Act 2000, after section 55 (bridleway
rights over ways shown as bridleways) insert—

55A 5Other protected rights: England

(1) A surveying authority in England may not, at any time after the cut-off
date, make a modification to a definitive map and statement under
section 53(2)(b) of the Wildlife and Countryside Act 1981 if—

(a) the modification might affect the exercise of a protected right of
10way, and

(b) the only basis for the authority considering that the
modification is requisite is the discovery by the authority of
evidence that the right of way did not exist before 1 January
1949.

(2) 15In subsection (1), “protected right of way” means any right of way over
land shown in the definitive map and statement on the cut-off date as a
footpath, bridleway, restricted byway or byway open to all traffic.

(3) In this section, “cut-off date” has the meaning given in section 56.

14 Unrecorded rights of way: protection from extinguishment

20In the Countryside and Rights of Way Act 2000, after section 56 (cut-off date for
extinguishment of certain unrecorded rights of way) insert—

56A Unrecorded rights of way: protection from extinguishment

(1) The provision that may be made by regulations under section 56(2) by
the Secretary of State includes—

(a) 25provision enabling a surveying authority to designate, at any
time during the period of one year beginning with the cut-off
date, public rights of way in their area that were extinguished
immediately after that date, subject to any conditions or
exceptions specified in the regulations;

(b) 30provision for a designated right of way to cease to be regarded
as extinguished as from the time of the designation;

(c) provision requiring a surveying authority to determine, within
a period specified in the regulations, whether to make an order
under section 53(2) of the 1981 Act making modifications to a
35definitive map and statement to show a designated right of
way;

(d) provision as to the procedure applicable in relation to such a
determination, including provision for an application to be
made to a magistrates’ court where a surveying authority fails
40to make the determination within a period specified in the
regulations;

(e) provision for a designated right of way to be extinguished if a
surveying authority determines not to make an order under
section 53(2) of the 1981 Act or if such an order is made but is
45not confirmed or is quashed, subject to any exceptions specified
in the regulations;

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(f) provision requiring a surveying authority to keep such
information as may be specified in the regulations about
designated rights of way in a separate part of the register
maintained by them under section 53B of the 1981 Act.

(2) 5The provision that may be made by virtue of subsection (1)(d) includes
provision applying Schedule 14A to the 1981 Act, subject to such
modifications as may be specified in the regulations.

(3) Regulations under section 56(2) made by the Secretary of State may also
provide—

(a) 10that an enactment specified in the regulations which would
otherwise apply in relation to a designated right of way does
not so apply, or so applies with modifications specified in the
regulations, in relation to times during the designation period
(see subsection (4) below);

(b) 15where an order under section 53(2) of the 1981 Act making
modifications to a definitive map and statement to show a
designated right of way takes effect, that the modifications are
to be treated, for the purposes of section 55A, as having taken
effect immediately before the cut-off date.

(4) 20In subsection (3)(a), “the designation period” means the period
which—

(a) begins when the right of way is designated, and

(b) ends when—

(i) an order under section 53(2) of the 1981 Act making
25modifications to a definitive map and statement to show
the right of way takes effect, or

(ii) if no such order is made, the right of way is extinguished
in accordance with the regulations.

(5) In this section—

  • 30“cut-off date” has the meaning given in section 56;

  • “enactment” means a provision of an Act or of subordinate
    legislation (within the meaning of the Interpretation Act 1978).

15 Conversion of public rights of way to private rights of way

(1) In the Countryside and Rights of Way Act 2000, after section 56A (as inserted
35by section 14) insert—

56B Conversion of certain public rights of way to private rights of way

(1) This section applies where—

(a) a public right of way over land in England would be
extinguished under section 53 immediately after the cut-off
40date, and

(b) on the cut-off date, the exercise of the right of way—

(i) is reasonably necessary to enable a person with an
interest in land to obtain access to it, or

(ii) would have been reasonably necessary to enable that
45person to obtain access to a part of that land if the person
had an interest in that part only.

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(2) The public right of way becomes, immediately after the cut-off date, a
private right of way of the same description for the benefit of the land
or (as the case may be) the part of the land.

(3) For the purposes of subsection (1)(b), it is irrelevant whether the person
5is, on the cut-off date, in fact—

(a) exercising the existing public right of way, or

(b) able to exercise it.

(4) In this section, “cut-off date” has the meaning given in section 56.

(2) In consequence of the amendments made by sections 13 and 14 and this
10section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55”
substitute “sections 53, 55, 55A, 56A and 56B”.

16 Applications by owners etc for public path orders

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of
15certain land to be able to apply for a public path extinguishment order), after
“horses” insert “, or of any land in England of a prescribed description,”.

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path diversion order), after “horses”
insert “, or of any land in England of a prescribed description,”.

(4) 20In section 121E(1) (which specifies the duties of the Secretary of State on certain
appeals relating to the extinguishment or diversion of public paths), after
“section 121D(1)(a) above,” insert “in relation to an application made under
section 118C or 119C above or an application made under section 118ZA or
119ZA above to a council in Wales,”.

(5) 25After section 121E(1) insert—

(1A) Where an appeal to the Secretary of State is brought under section
121D(1)(a) above, in relation to an application made under section
118ZA or 119ZA above to a council in England, the Secretary of State
shall either—

(a) 30determine not to make an order on the application, or

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
decision and the reasons for it.

(6) 35In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
(1A)(a)”.

17 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
authorise the erection of stiles and gates etc on footpaths or bridleways
40crossing agricultural land) is amended as follows.

(2) In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

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(3) After subsection (1) insert—

(1A) The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
land in England, or of land in England which is being brought into use
5for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
preventing the ingress or egress of animals should be erected on the
10byway.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
15section 42 above, that council and also the highway authority;
and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

For the purposes of this section the following are competent
20authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) 25in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

(4) In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) After subsection (5) insert—

(5A) 30In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
Act).

(6) In consequence of the amendments made by this section to section 147, section
146 of the 1980 Act is amended as follows—

(a) 35in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) in that subsection, for “or restricted byway” (in the second place it
occurs) substitute “, restricted byway or byway open to all traffic”;

(c) in subsection (2)(b), after “restricted byway” insert “or in the case of a
40byway open to all traffic”;

(d) after subsection (5) insert—

(6) In this section, “byway open to all traffic” has the same meaning
as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).;

(e) 45in the heading to the section, for “restricted byways” substitute
“byways”.

18 Applications for certain orders under Highways Act 1980: cost recovery

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
50charges in connection with applications by owners etc. for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.

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(3) In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc. for a public path
diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) 5In section 121A(1) (which confers power to make regulations about
applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
section”.

(5) In section 121E(8) (which makes provision about what may be included in
10regulations about appeals under section 121D(1)), in paragraph (j), for
“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) In Part 1 of Schedule 6 (procedure for making and confirming certain orders
relating to footpaths, bridleways and restricted byways), in paragraph 2B
15(which makes supplemental provision about hearings held under paragraph 2
of the Schedule), after sub-paragraph (3) insert—

(4) For the purposes of sub-paragraph (1) as it applies in relation to
section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b)
20or (3)(b) of paragraph 2 of any representations or objections about an
order relating to land in England is to be treated as a hearing which
the Secretary of State has caused to be held under that paragraph.

19 Public rights of way: procedure

(1) Schedule 6 makes changes to the law about the ascertainment of public rights
25of way in England and the making and confirmation of orders relating to such
rights.

(2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
30modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies
where a modification of a definitive map and statement is needed
because of an administrative error;

(c) 35enable regulations to be made so that applications made to a local
authority seeking a modification of a definitive map and statement do
not need to be included in the register of applications unless the
authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) 40facilitate the making of modifications of a definitive map and statement
by consent in cases based on documentary evidence of the existence of
a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
45and determination of applications to a local authority in England for a
modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making

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and confirmation of orders making modifications of a definitive map and
statement.

(5) Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
make changes to the procedure for the making and confirmation of public path
5creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) The Secretary of State may by regulations make provision for an amendment
made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 6 to apply, in
10relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) Regulations under subsection (7) may make different provision for different
purposes.

(9) 15Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of either House of Parliament.

20 Erection of public statues (London): removal of consent requirement

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
20consent of the Secretary of State to the erection of public statues in London).

Housing

21 Reduction of qualifying period for right to buy

(1) The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before
25subsection (1) insert—

(A1) In the application of this Part to England, the right to buy does not arise
unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.

(3) In subsection (1), at the beginning insert “In the application of this Part to
30Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

22 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
Secretary of State, in relation to England, and the Welsh Ministers, in relation
35to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

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(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (a)—

(i) after “a local housing authority” insert “in Wales”;

(ii) 5for “the appropriate person” substitute “the Welsh Ministers”.

(4) In subsection (2)—

(a) for “The appropriate person” substitute “The Welsh Ministers”;

(b) after “a local housing authority” insert “in Wales”;

(c) for “the appropriate person” (in each place where it occurs) substitute
10“the Welsh Ministers”.

(5) In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
15Ministers”.

(6) In consequence of the amendments made by this section to section 87 of the
2003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) 20in section 333D(3) of the Greater London Authority Act 1999, in the
definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “other”.

Transport

23 25Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
transport areas), in section 10(1) (general powers of Executive)—

(a) after paragraph (i) insert—

(ia) to carry passengers by railway—

(a) 30where that area is in England, between places in
that area, between such places and any place in
Great Britain which is outside that area, or
between places in Great Britain which are
outside that area, or

(b) 35where that area is in Wales or Scotland, between
places in that area or between such places and
any place outside that area but within the
permitted distance, that is to say, the distance of
twenty-five miles from the nearest point on the
40boundary of that area;;

(b) in paragraph (ii), for “other form of land transport” substitute “form of
land transport other than road or railway”.

(2) Schedule 7 contains—

(a) amendments in consequence of subsection (1), and

(b) 45further amendments in connection with the provision of passenger rail
services.

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24 Reduction of burdens relating to the use of roads and railways

Schedule 8 makes provision about the following matters—

(a) permit schemes;

(b) road humps;

(c) 5pedestrian crossings;

(d) off-road motoring events;

(e) testing of vehicles;

(f) rail vehicle accessibility regulations: exemption orders.

25 Reduction of burdens relating to enforcement of transport legislation

10Schedule 9 makes provision about the following matters—

(a) drink and drug driving offences;

(b) bus lane contraventions.

26 Removal of duty to order re-hearing of marine accident investigations

In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing
15of investigation into marine accident and duty to do so in certain cases)—

(a) omit paragraph (a) (duty to order re-hearing where new and important
evidence discovered), and the “or” following it;

(b) in paragraph (b), omit “other”.

Communications

27 20Repeal of power to make provision for blocking injunctions

In the Digital Economy Act 2010, omit sections 17 and 18 (which confer power
on the Secretary of State to make regulations about the granting by courts of
injunctions requiring the blocking of websites that infringe copyright).

The environment etc

28 25Reduction of duties relating to energy and climate change

(1) In the Climate Change and Sustainable Energy Act 2006, omit the following—

(a) section 3 (which imposes a duty on local authorities to have regard to
energy measure reports published by the Secretary of State);

(b) sections 4 and 5 (which confer functions on the Secretary of State with
30respect to the setting of national targets for microgeneration etc);

(c) sections 7(1) to (6) and 8 (which confer functions on the Secretary of
State for the purpose of increasing the sale of electricity generated by
microgeneration);

(d) section 10 (which confers functions on the Secretary of State with
35respect to the review of development orders to facilitate the installation
in dwelling-houses of equipment etc for microgeneration);

(e) section 12 (which is spent);

(f) section 21 (which imposes a duty on the Secretary of State with respect
to promoting the use of heat produced from renewable sources).