Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 Last page
Deregulation BillPage 30
(5)
In sub-paragraph (1) references to the “relevant licensing authority”,
in relation to a supply of hot food or hot drink, are references to—
(a)
the licensing authority in whose area the premises on or from
which the food or drink is supplied are situated, or
(b)
5where those premises are situated in the areas of two or more
licensing authorities, any of those authorities.”
In the Licensing Act 2003, omit the following provisions (which impose
requirements for the loss or theft of certain documents to be reported to the
10police before copies may be issued)—
(a)
in section 25 (premises licence or summary), subsection (3)(b), and the
“and” before it;
(b)
in section 79 (club premises certificate or summary), subsection (3)(b),
and the “and” before it;
(c)
15in section 110 (temporary event notice), subsection (4)(b), and the “and”
before it;
(d)
in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and
the “and” before it.
20In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
in Part 2 (exemptions), after paragraph 6 insert—
(1)
The provision of entertainment consisting of the exhibition of a film
at community premises is not to be regarded as the provision of
regulated entertainment for the purposes of this Act if the following
25conditions are satisfied.
(2)
The first condition is that prior written consent for the entertainment
to take place at the community premises has been obtained, by or on
behalf of a person concerned in the organisation or management of
the entertainment—
(a)
30from the management committee of the community
premises, or
(b) where there is no management committee, from—
(i)
a person who has control of the community premises
(as occupier or otherwise) in connection with the
35carrying on by that person of a trade, business or
other undertaking (for profit or not), or
(ii)
where there is no such person, an owner of the
community premises.
(3)
The second condition is that the entertainment is not provided with
40a view to profit.
(4)
The third condition is that the entertainment takes place in the
presence of an audience of no more than 500 persons.
Deregulation BillPage 31
(5)
The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.
(6)
The fifth condition is that the film classification body or the relevant
licensing authority has made a recommendation concerning the
5admission of children to an exhibition of the film and—
(a)
where a recommendation has been made only by the film
classification body, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that body;
(b)
10where a recommendation has been made only by the relevant
licensing authority, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that authority;
(c)
where recommendations have been made both by the film
15classification body and the relevant licensing authority, the
admission of children is subject to such restrictions (if any) as
are necessary to comply with the recommendation of the
relevant licensing authority.
(7)
In sub-paragraph (6) the reference to the “relevant licensing
20authority”, in relation to the exhibition of a film at particular
community premises, is a reference to—
(a)
the licensing authority in whose area the premises are
situated, or
(b)
where the premises are situated in the areas of two or more
25licensing authorities, those authorities or (as the context
requires) such of those authorities as have made a
recommendation.
(8) In this paragraph—
“children” and “film classification body” have the same
30meaning as in section 20;
“owner”, in relation to community premises, means—
a person who is for the time being entitled to dispose
of the fee simple in the premises, whether in
possession or in reversion, or
35a person who holds or is entitled to the rents and
profits of the premises under a lease which (when
granted) was for a term of not less than 3 years.”
40In section 15A of the Social Security Act 1998 (functions of Senior President of
Tribunals), omit subsections (2) and (3) (which require the preparation and
publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
First-tier Tribunal).
Deregulation BillPage 32
(1)
Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
amended as follows.
(2)
In subsection (2)(d) (objections to the tendering of written statements), for
5“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.
(3) After subsection (2) insert—
“(2A) For the purposes of subsection (2)(d), “the relevant period” is—
(a)
such number of days, which may not be less than seven, from
10the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or
(b)
if no such number is prescribed, seven days from the service of
the copy of the statement.
(2A)(a)such number of days, which may not be less than seven, from
15the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or
(b)
if no such number is prescribed, seven days from the service of
the copy of the statement.”
(4) Omit the following—
(a)
20subsections (3) and (3A) (which make provision about the content of
written statements etc);
(b)
subsection (6) (which provides for written statements to be read aloud
unless the court otherwise directs);
(c) subsection (8) (which deals with the service of documents).
(5)
25In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—
(a) after sub-paragraph (2) insert—
“(2A)
The statement is to be treated as properly served for the
purposes of section 9 of the Criminal Justice Act 1967 (proof
30by written statement), even though the manner of service is
not authorised by Criminal Procedure Rules.”;
(b) in sub-paragraph (3)—
(i) omit paragraph (a) and the “and” following it;
(ii)
in the closing words, for “either of those sections” substitute
35“that section”;
(c) after sub-paragraph (5) insert—
“(5A)
If the alleged offender makes a request to be tried, section
9(2A) of the Criminal Justice Act 1967 (time for objection) is
to apply—
(a)
40with the substitution for the reference in paragraph
(a) to such number of days, which may not be less
than seven, from the service of the copy of the
statement of a reference to such number of days,
which may not be less than seven, beginning with the
45day after the one on which the request to be tried was
made, and
(b)
with the substitution for the reference in paragraph
(b) to seven days from the service of the copy of the
statement of a reference to seven days beginning with
50the day after the one on which the request to be tried
was made.”;
(d) in sub-paragraph (6)—
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(i) omit paragraph (a) and the “and” following it;
(ii) in the closing words, for “are to apply” substitute “is to apply”.
(6) In consequence of subsection (4)—
(a)
in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
5“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
(b)”;
(b)
in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;
(c)
in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
10paragraph 6(1);
(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.
(1)
Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
plea of guilty) is amended as follows.
(2)
15In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.
(3) After subsection (7) insert—
“(7ZA) Rules of court may—
(a)
specify which of paragraphs (a) to (d) of subsection (7) (if any)
20are to apply;
(b)
provide that any such paragraph is to apply only in
circumstances specified in the rules.
(7ZB)
Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”
(1)
In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—
(a) in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;
(b) omit subsection (6A).
(2)
30In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.
(3)
In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
and issue of warrants in respect of excluded or special procedure material)—
(a)
omit paragraphs 7 to 10 (which deal with the procedure for applications
35for production orders);
(b) after paragraph 15 insert—
15A
Criminal Procedure Rules may make provision about
proceedings under this Schedule.”
(4)
40In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue
of warrants in respect of obtaining information in terrorist investigations:
England and Wales and Northern Ireland), in paragraph 11 (which deals with
Deregulation BillPage 34
the issue of warrants in respect of excluded or special procedure material),
after sub-paragraph (4) insert—
“(5)
Criminal Procedure Rules may make provision about proceedings
relating to a warrant under this paragraph.”
(5)
5In the Criminal Justice and Police Act 2001, in section 59 (applications for the
return of seized property etc), after subsection (12) insert—
“(13)
Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge of the Crown Court in
England and Wales.”
(6)
10In the Proceeds of Crime Act 2002, in section 352 (applications for search and
seizure warrants), after subsection (7) insert—
“(8)
Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge entitled to exercise the
jurisdiction of the Crown Court in England and Wales.”
(1)
Section 327 of the Criminal Justice Act 2003 (which makes provision about the
offenders in respect of whom multi-agency public protection arrangements -
sometimes referred to as “MAPPA arrangements” - must be made) is amended
as follows.
(2) 20In subsection (1), for “subsections (2) to (5)” substitute “subsections (2) to (4)”.
(3)
In subsection (3), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.
(4)
In subsection (4), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.
(5) 25After subsection (4) insert—
“(4A) The offences specified in this subsection are—
(a)
an offence under section 1 of the Child Abduction Act 1984
(abduction of child by parent);
(b)
an offence under section 4 of the Asylum and Immigration
30(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation), where the offence is committed against a child;
(c)
an offence under section 4(3) of the Misuse of Drugs Act 1971
where the offence is committed by—
(i)
supplying or offering to supply a Class A drug to a
35child,
(ii)
being concerned in the supplying of such a drug to a
child, or
(iii)
being concerned in the making to a child of an offer to
supply such a drug;
(d)
40an offence of aiding, abetting, counselling, procuring or inciting
the commission of an offence specified in this subsection;
(e) an offence of conspiring to commit an offence so specified;
(f) an offence of attempting to commit an offence so specified.”
(6) Omit subsection (5).
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(7) In subsection (6), after “In this section” insert “—
child” means a person under 18;”.
(1) The Prison Act 1952 is amended as follows.
(2) 5In section 37 (closing of prisons)—
(a) in subsection (1)—
(i) omit “Subject to the next following subsection,”;
(ii) omit “by order”;
(b) omit subsections (2) and (3).
(3) 10In section 43 (remand centres and young offender institutions)—
(a) in subsection (5), for “sections 28 and 37(2)” substitute “section 28”;
(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “and 28”.
(4) In section 52 (exercise of power to make orders, rules and regulations)—
(a) in subsection (1), omit “, 37”;
(b)
15in subsection (2), omit “or an order made under section thirty-seven of
this Act,”.
(1)
The London Local Authorities Act 1990 is amended in accordance with
20subsections (2) and (3).
(2) After section 30 insert—
(1) Any person aggrieved—
(a) by a resolution rescinding or varying a designating resolution;
(b)
25by a resolution under subsection (1)(b) of section 24
(Designation of licence streets) of this Act;
(c)
by a standard condition prescribed by regulations under
subsection (3) of section 27 (Conditions of street trading
licences) of this Act; or
(d)
30by the amount of a fee or charge under section 32 (Fees and
charges) of this Act;
may appeal to a magistrates’ court acting for the area of the borough
council which passed the resolution, prescribed the condition or
determined the amount of the fee or charge (as the case may be).
(2) 35An appeal under subsection (1) may be brought—
(a)
in the case of an appeal under paragraph (a) or (b) of that
subsection, at any time before the expiration of the period of
three months beginning with the date on which notice of the
passing of the resolution is published for the second time in
40accordance with subsection (10) of section 24 (Designation of
licence streets) of this Act;
Deregulation BillPage 36
(b)
in the case of an appeal under paragraph (c) of that subsection,
at any time before the expiration of the period of three months
beginning with the date upon which the licence holders or a
body or bodies representative of them were notified of the
5making of the regulations;
(c)
in the case of an appeal under paragraph (d) of that
subsection—
(i)
if it relates to the amount of a fee payable under
subsection (1) of section 32 (Fees and charges) of this
10Act, at any time before the expiration of the period of
three months beginning with the date on which the fee
payable is notified to the licence holders or a body or
bodies representative of them;
(ii)
if it relates to the amount of a charge under subsection
15(2) of section 32 (Fees and charges) of this Act, at any
time before the expiration of the period of three months
beginning with the date on which notice of the
determination of the charge has been given to the licence
holders or a body or bodies representative of them.
(3)
20A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the borough council specifying
the matter about which the person is aggrieved and the grounds upon
which the appeal is made.
(4)
On an appeal to a magistrates’ court under this section, the court may
25make such order as it thinks fit.”
(3) In section 30—
(a) omit subsections (11) and (12);
(b)
in the heading, after “Part III appeals” insert “: refusal to grant a licence
etc.”.
(4) 30Section 19 of the City of Westminster Act 1999 is amended as follows.
(5)
In subsection (1), for the words from “the Secretary of State” to the end of the
subsection substitute “a magistrates’ court acting for the area of the council”.
(6) After subsection (2) insert—
“(3)
A person desiring to appeal under subsection (1) shall give written
35notice to the magistrates’ court and to the council specifying the matter
about which the person is aggrieved and the grounds upon which the
appeal is made.
(4)
On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”
(7) 40For the side-note substitute “Appeals to a magistrates’ court”.
In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and
compliance officers) after subsection (6) insert—
“(7)
This section does not prevent the Secretary of State from making
45arrangements for ensuring that functions relating to the institution or
Deregulation BillPage 37
conduct of proceedings in England and Wales for an offence under this
Act are carried out by the Director of Public Prosecutions and,
accordingly, the terms of appointments under subsection (1), or
arrangements under subsection (2), may include provision, or be
5modified so as to include provision, for enforcement officers not to
carry out such functions at any time when they are being carried out by
the Director.”
(1)
In the Care Standards Act 2000, omit section 4(10) (which provides for the Act
10to apply to a provider of social work services as it applies to an agency to which
that Act applies).
(2) In consequence of subsection (1)—
(a) in that Act, omit—
(i) section 5(1A)(f), and the “and” before it;
(ii) 15section 121(4A);
(b) in the Children and Young Persons Act 2008, omit section 4.
(1)
Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas
supply) is amended in accordance with subsections (2) to (4).
(2)
20In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.
(3) For subsection (4) substitute—
“(4) The contents of the register must be shown on the Authority’s website.”
(4)
In consequence of the amendment made by subsection (3) of this section, in
25subsection (5), for “so made” substitute “made by the Secretary of State”.
(5)
Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that
Act: electricity supply) is amended in accordance with subsections (6) to (8).
(6)
In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.
(7) 30For subsection (5) substitute—
“(5) The contents of the register must be shown on the Authority’s website.”
(8)
In consequence of the amendment made by subsection (7) of this section, in
subsection (6), for “so made” substitute “made by the Secretary of State”.
(1)
35In the Local Government Act 2000, omit section 4 (which requires local
authorities in England to prepare sustainable community strategies).
(2) In consequence of subsection (1), omit the following provisions—
(a) in that Act of 2000, section 4A;
(b)
in the Planning and Compulsory Purchase Act 2004, section 19(2)(f)
40and (g) and (7);
Deregulation BillPage 38
(c) in the Sustainable Communities Act 2007, section 7;
(d)
in the Local Government and Public Involvement in Health Act 2007,
sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;
(e) in the Housing and Regeneration Act 2008, section 126;
(f) 5in the Child Poverty Act 2010, section 24;
(g) in the Equality Act 2010, section 1(4) and (5);
(h)
in the Local Government (Wales) Measure 2009, in Schedule 2,
paragraph 3.
(1)
10In Chapter 1 of Part 5 of the Local Government and Public Involvement in
Health Act 2007—
(a)
omit sections 105 to 113 (which impose duties on local authorities in
England to make local area agreements specifying local improvement
targets if so directed by the Secretary of State);
(b) 15in section 117—
(i)
omit the definitions of “designated target”, “local area
agreement”, “local improvement target” and “revision
proposal”;
(ii)
in the definition of “responsible local authority” omit the words
20from “and “the responsible local authority”, in relation to a local
area agreement” to the end of the definition;
(c)
omit section 118(1) and (2) (which make transitional provision in
relation to local area agreements).
(2)
In consequence of subsection (1), in the heading of the Chapter, omit “Local
25Area Agreements and”.
(1)
Omit Part 7 of the Local Democracy, Economic Development and Construction
Act 2009 (which makes provision for the approval by the Secretary of State of
multi-area agreements prepared by local authorities in England and for the
30effect of such approval etc).
(2) In consequence of subsection (1)—
(a)
in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 377;
(b) in the Education Act 2011, in Schedule 16, omit paragraph 45;
(c)
35in the Health and Social Care Act 2012, in Schedule 5, omit paragraph
172.
(1)
In the Local Government Act 1999, omit section 3A (which makes provision for
best value authorities to involve local representatives in the exercise of their
40functions).
(2) In consequence of subsection (1)—
(a)
in the Local Government and Public Involvement in Health Act 2007,
omit section 138;
(b) in the Local Government Act 1999, omit “3A,”;
Deregulation BillPage 39
(c)
in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 243.
(3)
Schedule 16 makes provision for disapplying certain other requirements about
consultation etc imposed on public bodies.
(1) A Minister of the Crown may by order made by statutory instrument—
(a)
replace a reference in legislation to the commencement of a provision
with a reference to the actual date on which the provision comes into
10force;
(b)
replace a reference in legislation to the date on which any other event
occurs with a reference to the actual date on which that event occurs.
(2)
An order under subsection (1) may amend the legislation to include an
explanation of the date and may make other consequential amendments to
15legislation.
(3)
An order under this section may not amend provision that would be within the
legislative competence of the Scottish Parliament if it were contained in an Act
of that Parliament.
(4)
An order under this section may not amend provision that would be within the
20legislative competence of the Northern Ireland Assembly if it were contained
in an Act of that Assembly, unless—
(a)
a Bill for an Act of that Assembly containing the provision would
require the consent of the Secretary of State under section 8 of the
Northern Ireland Act 1998, and
(b)
25the provision does not affect, other than incidentally, a transferred
matter (within the meaning of that Act).
(5) In this section—
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;
30“legislation” means an Act or subordinate legislation (and, for that
purpose, subordinate legislation has the same meaning as in the
Interpretation Act 1978).
After section 306 of the Merchant Shipping Act 1995 insert—
35
(1) This section applies where—
(a)
a person has power under this Act to make subordinate
legislation, and
(b)
40the person proposes to exercise that power to make subordinate
legislation which refers to an international instrument.