House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

19

House of Commons

Thursday 25 March 2014

Public Bill Committee Proceedings

Deregulation Bill

[SEVENTEENTH AND EIGHTEENTH Sittings]

Tom Brake

Oliver Heald

Agreed to  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

Agreed to  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.

Tom Brake

Oliver Heald

Agreed to  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.

Clause, as amended, Agreed to.

Clause 69 Agreed to.

Public Bill Committee Proceedings: 25 March 2014
20

Deregulation Bill, continued

New ClauseS

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

Tom Brake

Oliver Heald

Agreed to  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

Agreed to on division  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

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 pri

vate hire vehicle (for example, a licensed private hire vehicle driver’s partner could use the vehicle

Public Bill Committee Proceedings: 25 March 2014
21

Deregulation Bill, continued

for a family outing).

Taxis and private hire vehicles: duration of licences

Tom Brake

Oliver Heald

Agreed to  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.

Private hire vehicles: sub-contracting

Tom Brake

Oliver Heald

Agreed to  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—

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22

Deregulation Bill, continued

(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.

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—

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23

Deregulation Bill, continued

(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

Agreed to  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.

(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 —

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24

Deregulation Bill, continued

“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 in

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

thority so determines.

Amendment of Planning and Energy Act 2008

Tom Brake

Oliver Heald

Agreed to  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 regula

tions. The new clause inserted by this amendment disapplies this for dwellings in England, as Gov

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

Requirements to wear safety helmets: exemption for Sikhs

Tom Brake

Oliver Heald

Agreed to  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—

Public Bill Committee Proceedings: 25 March 2014
25

Deregulation Bill, continued

(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.”

(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)—



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