Session 2013 - 14
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Other Bills before Parliament


 
 

1979

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 7 May 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1841, 1849 and 1899

 

Consideration of Bill


 

Deregulation Bill, As Amended

 

English apprenticeships: disclosure of information

 

Tom Brake

 

Oliver Heald

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Commissioners may disclose information held by them to the Secretary of

 

State, or to a person providing services to the Secretary of State, for the purpose

 

of the Secretary of State’s functions in relation to approved English

 

apprenticeships.

 

(2)    

The Secretary of State, or a person providing services to the Secretary of State,

 

may disclose information to the Commissioners, or to a person providing services

 

to them, for the purpose of arrangements made under section 4(1) or for the

 

purpose of requesting the Commissioners to disclose information under

 

subsection (1) of this section.

 

(3)    

Information disclosed under subsection (1) may not be disclosed by the recipient

 

of the information to any other person without the consent of the Commissioners.

 

(4)    

If a person discloses, in contravention of subsection (3), any revenue and customs

 

information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful

 

disclosure) applies in relation to that disclosure as it applies in relation to a

 

disclosure of such information in contravention of section 20(9) of that Act.

 

(5)    

In this section—

 

“approved English apprenticeship” has the same meaning as in Chapter A1

 

of the Apprenticeships, Skills, Children and Learning Act 2009 (see

 

Schedule 1);

 

“revenue and customs information relating to a person” has the same

 

meaning as in section 19 of the Commissioners for Revenue and Customs

 

Act 2005 (see section 19(2) of that Act).’.


 
 

Notices of Amendments: 7 May 2014                      

1980

 

Deregulation Bill, continued

 
 

Member’s explanatory statement

 

This amendment, with amendment 10, replaces clause 4(5) to (8) with a new clause to authorise

 

the sharing of information relating to approved English apprenticeships. The Secretary of State

 

and HMRC may share such information with each other and with each other‘s service providers

 

(if any).

 

Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland

 

Tom Brake

 

Oliver Heald

 

NC2

 

To move the following Clause:—

 

‘(1)    

Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland)

 

Order 1990 (S.I. 1990/246) is amended in accordance with subsections (2) to (8).

 

(2)    

In paragraph (1), for “on a construction site” substitute “at a workplace”.

 

(3)    

In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “at

 

a workplace”.

 

(4)    

In paragraph (5), in the opening words, for “on a construction site” substitute “at

 

a workplace”.

 

(5)    

After paragraph (6) insert—

 

“(6A)    

This Article does not apply to a Sikh who—

 

(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 Article 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 paragraph (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—


 
 

Notices of Amendments: 7 May 2014                      

1981

 

Deregulation Bill, continued

 
 

(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 paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “at

 

a workplace”.

 

(8)    

In the heading, for “on construction sites” substitute “at workplaces”.

 

(9)    

Article 13A of that Order (protection of Sikhs from racial discrimination in

 

connection with requirements as to wearing of safety helmets) is amended as

 

follows.

 

(10)    

In paragraph (1)—

 

(a)    

in sub-paragraph (a), for “on a construction site” substitute “at a

 

workplace”;

 

(b)    

in sub-paragraph (b), for “on such a site” substitute “at such a

 

workplace”.

 

(11)    

In paragraph (3), for “Paragraphs (7) and (8)” substitute “Paragraphs (6A) to

 

(8)”.’.

 

Member’s explanatory statement

 

This new clause extends the scope of the exemption under Article 13 of the Employment

 

(Miscellaneous Provisions) (Northern Ireland) Order 1990, currently limited to construction sites,

 

so that turban-wearing Sikhs will be exempt from legal requirements to wear a safety helmet in a

 

workplace of any kind (subject to exceptions set out in Article 13(6A) and (6B), as amended).

 

Limit on indemnity required under Outer Space Act 1986

 

Tom Brake

 

Oliver Heald

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Outer Space Act 1986 is amended as follows.

 

(2)    

In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

 

“(3A)    

An order under subsection (3) may—

 

(a)    

provide that section 10(1) does not apply to a person to the extent

 

that the person is carrying on activities that do not require a

 

licence by virtue of the order;

 

(b)    

specify the maximum amount of a person’s liability under

 

section 10(1) so far as the liability relates to the carrying on of

 

activities that do not require a licence by virtue of the order.”

 

(3)    

In section 5 (terms of licence), after subsection (2) insert—

 

“(3)    

A licence must specify the maximum amount of the licensee’s liability to

 

indemnify Her Majesty’s government in the United Kingdom under

 

section 10 in respect of activities authorised by the licence.”

 

(4)    

In section 10 (obligation to indemnify government against claims), after

 

subsection (1) insert—

 

“(1A)    

Subsection (1) is subject to—

 

(a)    

any limit on the amount of a person’s liability that is specified in

 

a licence, and

 

(b)    

any order made under section 3(3).”


 
 

Notices of Amendments: 7 May 2014                      

1982

 

Deregulation Bill, continued

 
 

(5)    

The Secretary of State may vary any licence under section 4 of the 1986 Act that

 

is held at the time when this section comes into force so as to specify the

 

maximum amount of the licencee’s liability under section 10 of that Act.

 

(6)    

A variation under subsection (5) is to be made by giving notice in writing to the

 

licensee.

 

(7)    

The power under section 15(6) of the 1986 Act may be exercised so as to extend

 

to any of the Channel Islands, the Isle of Man or any British overseas territory any

 

provision made by this section (subject to any specified exceptions or

 

modifications).’.

 

Member’s explanatory statement

 

Section 10 of the Outer Space Act 1986 requires people carrying out certain space activities to

 

indemnify the UK government against claims arising out of the activities. The new clause makes

 

provision for limiting the amount of the liability under the indemnity.

 

Removal of restriction on investigation of tramway accidents in Scotland by RAIB

 

Tom Brake

 

Oliver Heald

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Railways and Transport Safety Act 2003 is amended as follows.

 

(2)    

In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident

 

Investigation Branch), omit subsection (2) (which prevents the Part from

 

applying to tramways in Scotland).

 

(3)    

In consequence of subsection (2), omit section 1(3).’.

 

Member’s explanatory statement

 

Part 1 of the Railways and Transport Safety 2003 does not currently apply to tramways in Scotland

 

and so the Rail Accident Investigation Branch cannot investigate tramway accidents there. This

 

amendment removes that restriction.

 

Sale of alcohol: community events etc and ancillary business sales

 

Tom Brake

 

Oliver Heald

 

NC5

 

To move the following Clause:—

 

‘(1)    

In section 2 of the Licensing Act 2003 (authorisation for licensable activities etc),

 

after subsection (1) insert—

 

“(1A)    

The licensable activity of selling alcohol by retail may be carried on if

 

each sale is a permitted sale by virtue of Part 5A.”

 

(2)    

After Part 5 of that Act, insert the Part set out in Schedule (Part to be inserted as

 

Part 5A of the Licensing Act 2003) to this Act.

 

(3)    

In section 136 of that Act (unauthorised licensable activities), at the end of

 

subsection (5) insert—

 

    

“In addition, for the purposes of this Part the licensable activity of selling

 

alcohol by retail is under and in accordance with an authorisation if each

 

sale is a permitted sale by virtue of Part 5A.”

 

(4)    

In section 140 of that Act (allowing disorderly conduct on licensed premises

 

etc)—

 

(a)    

omit the “and” before subsection (2)(d);


 
 

Notices of Amendments: 7 May 2014                      

1983

 

Deregulation Bill, continued

 
 

(b)    

after that paragraph insert “, and

 

(e)    

in the case of premises specified in a Part 5A notice, to

 

the person who gave the notice.”

 

(5)    

In section 141 of that Act (sale of alcohol to a person who is drunk)—

 

(a)    

omit the “and” before subsection (2)(d);

 

(b)    

after that paragraph insert “, and

 

(e)    

in the case of premises specified in a Part 5A notice, to

 

the person who gave the notice.”;

 

(c)    

in subsection (3), after “This section” insert “(except subsection (2)(e))”.

 

(6)    

In section 143 of that Act (failure to leave licensed premises etc)—

 

(a)    

omit the “and” before subsection (2)(d);

 

(b)    

after that paragraph insert “, and

 

(e)    

in the case of premises specified in a Part 5A notice, to

 

the person who gave the notice.”

 

(7)    

In section 144 of that Act (keeping of smuggled goods)—

 

(a)    

omit the “and” before subsection (2)(d);

 

(b)    

after that paragraph insert “, and

 

(e)    

in the case of premises specified in a Part 5A notice, to

 

the person who gave the notice.”

 

(8)    

In section 147A of that Act (persistently selling alcohol to children)—

 

(a)    

in subsection (1)(b), for the words from “either” to “Part 5” substitute

 

“licensed premises, premises authorised to be used for a permitted

 

temporary activity by virtue of Part 5 or premises specified in a Part 5A

 

notice”;

 

(b)    

in subsection (4), after paragraph (b) insert “or

 

(c)    

the person or one of the persons who gave a Part 5A

 

notice in respect of the premises.”

 

(9)    

In section 153 of that Act (prohibition of unsupervised sales by children)—

 

(a)    

omit the “and” before subsection (4)(c);

 

(b)    

after that paragraph insert “, and

 

(d)    

in relation to a sale by retail that is a permitted sale by

 

virtue of Part 5A—

 

(i)    

the person who gave the Part 5A notice, or

 

(ii)    

any individual aged 18 or over who is authorised

 

for the purposes of this section by that person.”

 

(10)    

In section 159 of that Act (interpretation of Part 7), at the end of the definition of

 

“relevant premises” insert “, or

 

(d)    

except in sections 145 and 152, premises that (by reason of being

 

specified in a Part 5A notice) are premises on which a sale by

 

retail of alcohol is capable of being a permitted sale by virtue of

 

Part 5A;”.

 

(11)    

In section 194 of that Act (index of defined expressions) insert the following

 

entries at the appropriate places—

 

“Part 5A notice

section 110A(2)”

 
 

“relevant licensing authority, in Part 5A

section 110N”

 
 

“relevant person, in Part 5A

section 110D(11)”.

 

 
 

Notices of Amendments: 7 May 2014                      

1984

 

Deregulation Bill, continued

 
 

(12)    

In section 197 of that Act (regulations and orders)—

 

(a)    

in subsection (3) (which lists exceptions to the use of the negative

 

procedure), after paragraph (c) insert—

 

“(cza)    

regulations under section 110B(2), (3) or (7) or 110C(2),

 

(3), (5) or (6) (regulations relating to sales of alcohol

 

permitted by virtue of Part 5A),”;

 

(b)    

in subsection (4) (which specifies when the affirmative procedure is

 

required)—

 

(i)    

after “or (g)” insert “or regulations within subsection (3)(cza)”;

 

(ii)    

after “the order” insert “or regulations”.’.

 

Member’s explanatory statement

 

This amendment, together with amendment NS1, inserts new Part 5A into the Licensing Act 2003

 

(with consequential provision to other Parts of that Act) to introduce a new procedure for

 

authorising the sale of alcohol where the sale is ancillary to a community event or to the provision

 

of other goods or services by a business.

 

Power of HMRC to disclose information for purposes of certain litigation

 

Tom Brake

 

Oliver Heald

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Commissioners for Her Majesty’s Revenue and Customs may disclose

 

information held by them—

 

(a)    

to a person who is entitled to bring proceedings under the fatal accidents

 

legislation or for whose benefit such proceedings may be brought, for use

 

in connection with the proceedings or in reaching a settlement without

 

the need to bring proceedings;

 

(b)    

to a person who is entitled to bring proceedings for damages for personal

 

injury for the benefit of the estate of a deceased person, for use in

 

connection with the proceedings or in reaching a settlement without the

 

need to bring proceedings;

 

(c)    

to a person who has made or who wishes to make an application for a

 

payment under the Diffuse Mesothelioma Payment Scheme on the basis

 

that he or she is eligible for such a payment under section 3 of the

 

Mesothelioma Act 2014 (eligibility of dependants for payments under

 

the Scheme), for use in connection with the application.

 

(2)    

“The fatal accidents legislation” means—

 

(a)    

the Fatal Accidents Act 1976;

 

(b)    

the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I.

 

18));

 

(c)    

section 4 of the Damages (Scotland) Act 2011.’.

 

Member’s explanatory statement

 

This amendment allows Revenue and Customs officials to disclose information HMRC holds to

 

persons entitled to make claims under fatal accidents legislation, to persons entitled to bring

 

proceedings for personal injury for the benefit of a deceased person’s estate or to persons claiming

 

to be eligible under section 3 of the Mesothelioma Act 2014 for a payment under the Diffuse

 

Mesothelioma Payment Scheme.


 
 

Notices of Amendments: 7 May 2014                      

1985

 

Deregulation Bill, continued

 
 

Combining different forms of subordinate legislation

 

Tom Brake

 

Oliver Heald

 

NC7

 

To move the following Clause:—

 

‘(1)    

Any provision that may be made by order, regulations or rules made by statutory

 

instrument may be made by any other of those forms of legislation made by

 

statutory instrument.

 

(2)    

Subsection (1) does not affect the procedure for making the instrument.

 

(3)    

A reference in any enactment or other instrument to an order, regulations or rules

 

under an enactment (however expressed) includes a reference to provision made

 

under it because of subsection (1).

 

(4)    

Subsection (1) does not apply in relation to any power of the Welsh Ministers to

 

make provision by statutory instrument.’

 

Member’s explanatory statement

 

This clause allows powers to make an order, regulations or rules to be used to make a combined

 

instrument. At the moment it is sometimes necessary to make several instruments on a single topic

 

because the enabling powers are expressed differently. In appropriate cases, using a single

 

instrument would allow the legislation to be set out in a more coherent way and in one place.

 

Tom Brake

 

Oliver Heald

 

5

 

Clause  3,  page  2,  line  22,  at end insert—

 

‘( )    

Part 4 of the Schedule contains transitional provision.’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 35.

 

Tom Brake

 

Oliver Heald

 

6

 

Clause  4,  page  2,  line  26,  leave out from ‘of’ to end of line 28 and insert

 

‘apprenticeship payments.

 

( )    

“Apprenticeship payments” are payments that may be made by the Secretary of

 

State to any person—

 

(a)    

for the purpose of encouraging the provision of opportunities for

 

individuals to complete approved English apprenticeships or to

 

undertake work following the completion of such apprenticeships, or

 

(b)    

otherwise in connection with approved English apprenticeships.’.

 

Member’s explanatory statement

 

This amendment is to ensure that the Secretary of State may make arrangements with HMRC for

 

HMRC to administer payments that may be made by the Secretary of State to any person in

 

connection with approved English apprenticeships.


 
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