Session 2013 - 14
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Public Bill Committee Proceedings: 25 March 2014          

33

 

Deregulation Bill, continued

 
 

Management of traffic over unsealed ways

 

John Hemming

 

Not selected  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.’.

 


 

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

 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

Negatived on division  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

 

Withdrawn  NC16

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 25 March 2014          

34

 

Deregulation Bill, continued

 
 

‘(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

 

Not called  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.”.’.

 


 

New Schedule

 

Tom Brake

 

Oliver Heald

 

Agreed to  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”;


 
 

Public Bill Committee Proceedings: 25 March 2014          

35

 

Deregulation Bill, continued

 
 

(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.”

 

      (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


 
 

Public Bill Committee Proceedings: 25 March 2014          

36

 

Deregulation Bill, continued

 
 

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

 

that has arisen with respect to the amount payable by the landlord

 

under subsection (4).”

 

8    (1)  

Section 12 (arbitration of rent) is amended as follows.

 

      (2)  

After subsection (1) insert—

 

“(1A)    

The landlord and tenant may instead refer for third party determination

 

under this Act the question of how much rent is to be payable in

 

respect of the holding as from the next termination date.”

 

      (3)  

In subsection (2) (arbitrator’s duty to determine rent properly payable)—

 

(a)    

after “arbitrator” insert “or third party”;

 

(b)    

after “demand for arbitration” insert “or (as the case may be) the

 

reference for third party determination”.

 

      (4)  

In subsection (4) (references to the next termination date following the date of

 

a demand for arbitration)—

 

(a)    

after “a demand for arbitration” insert “, or reference for third party

 

determination,”;

 

(b)    

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

 

reference”.

 

      (5)  

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

 

9          

In section 13 (increases of rent for landlord’s improvements), after subsection

 

(7) (determination of any dispute between a landlord and tenant under the

 

section to be by arbitration) insert—

 

“(7A)    

Notwithstanding subsection (7) above, the landlord and the tenant may

 

instead refer the dispute for third party determination under this Act.”

 

10  (1)  

Section 14 (variation of terms of tenancies as to permanent pasture) is amended

 

as follows.

 

      (2)  

After subsection (2) insert—

 

“(2A)    

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

 

to demand that the question described in that subsection shall be

 

referred to arbitration under this Act, the landlord and tenant may


 
 

Public Bill Committee Proceedings: 25 March 2014          

37

 

Deregulation Bill, continued

 
 

instead refer that question for third party determination under this

 

Act.”

 

      (3)  

In subsection (3) (power of arbitrator to direct modification of terms as to land

 

which is to be maintained as permanent pasture or is to be treated as arable land

 

and as to cropping)—

 

(a)    

after “subsection (2)” insert “or (2A)”;

 

(b)    

after “arbitrator” insert “or third party”;

 

(c)    

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

 

      (4)  

In subsection (4) (power of arbitrator to order that, on termination of the

 

tenancy, the tenant should leave an area of land as permanent pasture or as

 

temporary pasture sown with certain seeds)—

 

(a)    

after “subsection (2)” insert “or (2A)”;

 

(b)    

after “arbitrator” insert “or third party”.

 

11  (1)  

Section 15 (disposal of produce and cropping) is amended as follows.

 

      (2)  

In subsection (6) (determination by arbitration of question whether tenant

 

exercising subsection (1) rights in manner likely to injure holding etc), after

 

“(including an arbitration” insert “or third party determination”.

 

      (3)  

After subsection (6) insert—

 

“(6A)    

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

 

agree that, for the purposes of proceedings brought by the landlord

 

under paragraph (a) of subsection (5) above, the question described in

 

subsection (6) is instead to be referred for third party determination

 

under this Act.

 

(6B)    

On a reference under subsection (6A) above, the determination of the

 

third party shall, for the purposes of any proceedings brought under

 

subsection (5) above (including an arbitration or third party

 

determination under paragraph (b)) be conclusive proof of the facts

 

stated in the determination.”

 

12  (1)  

Section 20 (compensation for damage by game) is amended as follows.

 

      (2)  

After subsection (4) (amount of compensation to be determined by arbitration,

 

in default of agreement) insert—

 

“(4A)    

Notwithstanding subsection (4) above, the tenant and landlord may

 

instead refer for third party determination under this Act the question

 

of the amount of compensation to which the tenant is entitled.”

 

      (3)  

After subsection (5) (determination by arbitration of questions as to the

 

landlord’s right to be indemnified against claims for compensation by the

 

person in whom the right to kill and take the wild animals or birds that did the

 

damage is vested) insert—

 

“(6)    

Notwithstanding subsection (5) above, the landlord and the other

 

person may instead refer for third party determination under this Act

 

the questions arising between them under that subsection.”

 

13         

In section 25 (length of notice to quit), in subsection (3) (effect of

 

determination under section 12 by arbitrator), after “arbitrator” insert “or third

 

party”.

 

14  (1)  

Section 33 (reduction of rent where notice is given to quit part of holding) is

 

amended as follows.

 

      (2)  

After subsection (2) (amount of rent reduction to be determined by arbitration,

 

in default of agreement) insert—

 

“(2A)    

Notwithstanding subsection (2) above, the tenant and landlord may

 

instead refer for third party determination under this Act the question


 
 

Public Bill Committee Proceedings: 25 March 2014          

38

 

Deregulation Bill, continued

 
 

of the amount of any reduction of rent to which the tenant is entitled

 

under this section.”

 

      (3)  

In subsection (3) (matters to be taken into account by arbitrator)—

 

(a)    

after “arbitration” insert “or third party determination”;

 

(b)    

after “arbitrator” insert “or (as the case may be) the third party”.

 

15         

In section 47 (terms of new tenancy unless varied by arbitration), in the

 

sidenote, after “arbitration” insert “or third party determination”.

 

16  (1)  

Section 48 (arbitration on terms of new tenancy) is amended as follows.

 

      (2)  

For subsection (3) substitute—

 

“(3)    

Where the provisions of this section apply—

 

(a)    

the landlord or tenant may by notice in writing served on the

 

other within the prescribed period demand a reference to

 

arbitration under this Act of one or both of the questions

 

specified in subsection (4) below, or

 

(b)    

the landlord and tenant may refer for third party determination

 

under this Act one or both of those questions.”

 

      (3)  

In subsection (5) (duties of arbitrator on reference of “question (a)”)—

 

(a)    

in the opening words—

 

(i)    

after “arbitration” insert “or third party determination”;

 

(ii)    

after “arbitrator” insert “or (as the case may be) the third

 

party”;

 

(b)    

in paragraph (b), after “award” insert “or determination”.

 

      (4)  

In subsection (6) (power of arbitrator to vary rent where “question (a)” but not

 

“question (b)” referred to arbitration)—

 

(a)    

after “arbitration” insert “or third party determination”;

 

(b)    

after “arbitrator” insert “or (as the case may be) the third party”;

 

(c)    

after “award” insert “or determination”

 

      (5)  

In subsection (7) (duties of arbitrator on reference of “question (b)”)—

 

(a)    

after “arbitration” insert “or third party determination”;

 

(b)    

after “arbitrator” insert “or (as the case may be) the third party”.

 

      (6)  

In subsection (10) (power of arbitrator to include further provisions in award),

 

after “award” insert “or (as the case may be) the third party may include in his

 

determination”.

 

      (7)  

In subsection (11) (effect of arbitrator’s award made before “the relevant

 

time”)—

 

(a)    

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

 

determination of a third party”;

 

(b)    

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

 

determination”.

 

      (8)  

In subsection (12) (effect of arbitrator’s award made after “the relevant

 

time”)—

 

(a)    

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

 

determination of a third party”;

 

(b)    

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

 

determination”.

 

      (9)  

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

 

17         

In section 74 (supplementary provisions with respect to compensation:

 

termination of tenancy of part of holding), in subsection (2)(b) (matters to be

 

taken into consideration by arbitrator assessing amount of compensation


 
 

Public Bill Committee Proceedings: 25 March 2014          

39

 

Deregulation Bill, continued

 
 

payable to tenant), after “arbitrator” insert “or (as the case may be) the third

 

party appointed under section 84A below”.

 

18         

In section 75 (compensation where reversionary estate in holding is severed),

 

in subsection (2)—

 

(a)    

after “arbitrator” (in the first place where it occurs) insert “or (as the

 

case may be) the third party”;

 

(b)    

after “awarded” insert “or determined by third party determination”;

 

(c)    

after “award” insert “or determination”;

 

(d)    

after “arbitrator” (in the second place where it occurs) insert “or third

 

party”.

 

19         

In section 80 (power of Tribunal to direct holding to be treated as market

 

garden), after subsection (7) insert—

 

“(7A)    

Notwithstanding the provision made by subsection (7) above for rents

 

to be settled by arbitration, the landlord and tenant may instead refer

 

those rents to be settled by third party determination under this Act.”

 

20  (1)  

Section 83 (settlement of claims on termination of tenancy) is amended as

 

follows.

 

      (2)  

After subsection (1) (determination by arbitration of claims arising under the

 

Act etc on or out of the termination of the tenancy) insert—

 

“(1A)    

Notwithstanding subsection (1) above, but subject to the provisions of

 

subsections (2) and (3) below, the tenant and landlord may instead

 

refer for third party determination under this Act any such claim as is

 

mentioned in subsection (1).”

 

      (3)  

For subsections (4) and (5) (8 month period from the termination of the

 

tenancy within which the landlord and tenant may settle a claim by agreement

 

in writing before it is determined by arbitration) substitute—

 

“(4)    

An arbitrator may not be appointed under section 84(2) below to

 

determine a claim which has become enforceable by virtue of the

 

service of a notice under subsection (2) above before the expiry of

 

eight months from the termination of the tenancy.”

 

21         

After section 84 (arbitrations) insert—

 

“84A  

Third party determinations

 

(1)    

Parties who wish to refer a matter for third party determination under

 

this Act must jointly appoint a third party to determine the matter.

 

(2)    

Parties may not under subsection (1) jointly appoint a third party to

 

determine a matter once an arbitrator has been appointed to determine

 

the matter under section 84(2).

 

(3)    

Any matter which by or by virtue of this Act or regulations made under

 

this Act may be determined by third party determination under this Act

 

is to be treated as having been referred for third party determination

 

under this Act once an appointment has been made under subsection

 

(1).

 

(4)    

References to “third party determination under this Act” are to the

 

determination of a matter by the third party appointed under

 

subsection (1) or a replacement third party jointly appointed by the

 

parties on a termination of the earlier appointment and references to a

 

“third party”, in the context of such a determination, are to the third

 

party so appointed.


 
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Revised 26 March 2014