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| Schedule 2, page 67, line 39, leave out from “assessment” to end of line 40 and |
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| | (i) | under section 125(2C) or 129(1B), or |
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| | (ii) | as mentioned in section 125(5)(a)(ii) or 129(5ZA),’. |
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| | Member’s explanatory statement
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| | This amendment amends new subsection 133B(2A), inserting references to section 129(1B) and |
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| | section 129(5ZA) to ensure that the ability to re-take failed emergency control assessments applies |
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| | to assessments taken in connection with licences as well as to those taken in connection with |
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| Schedule 2, page 68, line 8, at end insert— |
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| | | ‘unless the Registrar considers it appropriate for the application to be made at |
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| | such earlier time as may be specified by the Registrar.”’. |
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| | Member’s explanatory statement
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| | This amendment makes the same change for Part 2 of Schedule 2 to the Bill that amendment 38 |
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| | makes for Part 1 of Schedule 2. |
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| Schedule 2, page 68, line 30, at end insert— |
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| | ‘ | Part 5 has effect as if after section 133D there were inserted— |
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| | “133E | Direction to disregard emergency control assessment requirement |
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| | (1) | This section applies where a person has been required— |
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| | (a) | under section 125(2C) or 129(1B), or |
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| | (b) | as mentioned in section 125(5)(a)(ii) or 129(5ZA), |
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| | | to submit himself for an emergency control assessment. |
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| | (2) | At any time before the assessment takes place the Registrar may |
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| | withdraw the requirement (in which case this Part applies as if the |
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| | requirement had never been imposed). |
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| | (3) | At any time after the assessment takes place the Registrar may direct |
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| | that the requirement is to be disregarded for the purposes of this Part |
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| | (and accordingly any condition that the person holds an emergency |
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| | certificate is to cease to apply). |
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| | |
| | (a) | the withdrawal of a requirement under subsection (2), or |
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| | (b) | a direction under subsection (3), |
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| | | must be given to the person on whom the requirement was imposed.”’. |
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| | Member’s explanatory statement
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| | This amendment extends what was new section 128ZZA so that the Registrar’s powers under the |
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| | section cover emergency control assessments in connection with licences. The new section is |
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| | inserted after section 133D to reflect its revised content. The amendment which inserted new |
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| | section 128ZZA is removed by amendment 40. |
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| Schedule 2, page 69, line 14, leave out ‘In’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 47. |
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| Schedule 2, page 69, line 16, after ‘2006,’ insert ‘is amended as follows. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 47. |
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| Schedule 2, page 69, line 18, at end insert— |
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| | ‘( ) | in the second column, for “for registration as disabled driving |
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| | instructor” substitute “to be registered in respect of driving |
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| | |
| | Member’s explanatory statement
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| | Amendments 46, 47, 48 and 49 add further consequential amendments to Part 1 of Schedule 2 to |
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| | the Road Traffic Offenders Act 1988, to reflect the amendments to the Road Traffic Act 1988 made |
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| | by Schedule 2 to the Bill. |
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| Schedule 2, page 69, line 19, at end insert— |
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| | ‘(3) | In the entry for section 133C(4) of the Road Traffic Act 1988, in the second |
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| | |
| | (4) | In the entry for section 133D of the Road Traffic Act 1988, in the second |
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| | column, for “disabled persons” substitute “persons required to hold an |
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| | emergency control certificates”.’. |
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| | Member’s explanatory statement
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| | |
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| Schedule 2, page 69, line 25, at end insert— |
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| | ‘(aa) | in the second column, for “for registration as disabled driving |
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| | instructor” substitute “to be registered in respect of driving |
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| | Member’s explanatory statement
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| Schedule 2, page 69, line 26, at end insert— |
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| | ‘(3) | In the entry for section 133C(4) of the Road Traffic Act 1988, in the second |
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| | |
| | (4) | In the entry for section 133D of the Road Traffic Act 1988, in the second |
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| | column for “disabled persons” substitute “persons required to hold emergency |
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| | |
| | Member’s explanatory statement
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| | |
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| Schedule 6, page 88, line 13, at end insert— |
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| | ‘ (1) | The following repeals are made in consequence of paragraphs 18 and 19. |
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| | (2) | In the Insolvency Act 1986— |
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| | (a) | in section 1(2), omit “or authorised to act as nominee,”; |
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| | (b) | in section 2(4), omit “, or authorised to act as nominee,”; |
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| | (c) | in section 4(2), omit “or authorised to act as nominee,”; |
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| | (d) | in section 7(5), omit “or authorised to act as supervisor,”; |
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| | |
| | (i) | in paragraph 28(1), omit “, or authorised to act as nominee,”; |
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| | (ii) | in paragraph 31(2), omit “, or authorised to act as nominee,”; |
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| | (iii) | in paragraph 33(1), omit “, or authorised to act as nominee,”; |
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| | (iv) | in paragraph 39(6), omit “, or authorised to act as supervisor,”. |
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| | (3) | In the Insolvency Act 2000, omit section 4(3) and (4). |
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| | (4) | In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2).’. |
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| | Member’s explanatory statement
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| | This amendment makes amendments that are consequential on the repeal (by Part 6 of Schedule 6 |
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| | to the Bill) of provisions allowing individuals to be authorised to act solely as nominees or |
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| | supervisors in voluntary arrangements. |
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| Schedule 9, page 118, line 26, at end insert— |
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| | |
| | Duration of driving licences to be granted to drivers with relevant or |
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| | |
| | A1 | Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is |
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| | |
| | A2 | In section 99 (duration of licences of drivers of motor vehicles of classes other |
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| | than any prescribed class of goods vehicle or any prescribed class of |
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| | passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be |
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| | granted to person suffering from relevant or prospective disability), for the |
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| | words from “of not more than” to “may determine” substitute “as the Secretary |
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| | of State may determine which shall be a period— |
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| |
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| | (i) | of not more than ten years and not less than one year, |
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| | ending on or before the seventieth anniversary of the |
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| | applicant’s date of birth, or |
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| | (ii) | where, at the time the licence is granted, there are less |
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| | than three years until that seventieth anniversary or |
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| | where the licence is granted on or after that |
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| | anniversary, of not more than three years and not less |
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| | |
| | A3 | In consequence of paragraph A2, in section 100(1)(b) (appeals relating to |
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| | licences: determination under section 99(1)(b))— |
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| | (a) | for “three” substitute “ten”; |
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| | (b) | after “or less” insert “or, where sub-paragraph (ii) of section 99(1)(b) |
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| | applies, for three years or less”.’. |
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| | Member’s explanatory statement
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| | This amendment increases the period for which a driving licence for non-vocational drivers |
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| | suffering from a relevant or prospective disability can be granted from a maximum of three years |
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| | to a maximum of ten years, ending no later than the driver’s 70th birthday. Once a driver is over |
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| | 67, the maximum is three years. |
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| Schedule 12, page 136, line 29, after ‘subsection (1)’ insert ‘(like the power in |
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| subsection (1) of section one of this Act)’. |
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| | Member’s explanatory statement
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| | The amendment equates the Bill’s existing amendment to the Destructive Imported Animals Act |
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| | 1932 (making explicit that the power to make control orders for other destructive non-indigenous |
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| | animals under section 10(1) includes power of revocation and amendment) to the power to make |
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| | similar orders for musk rats under section 1(1). |
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| Schedule 12, page 137, line 12, leave out ‘The Secretary of State’ and insert |
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| ‘Lantra (the company registered in England and Wales with the company registration |
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| | Member’s explanatory statement
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| | Following a DEFRA consultation (undertaken with the Scottish and Welsh Governments), this |
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| | amendment makes Lantra (the UK’s Sector Skills Council for land-based and environmental |
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| | industries), rather than the Secretary of State, the successor to the Council for Small Industries in |
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| | Rural Areas as an appointer of a member of the Farriers Registration Council. |
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| Schedule 12, page 137, line 14, leave out sub-paragraph (3). |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 53. As the Secretary of State is no longer to have |
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| | the power to appoint a member of the Farriers Registration Council, this amendment removes the |
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| | requirement for the Secretary of State to consult the Scottish Ministers before making an |
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| Schedule 13, page 142, line 14, leave out paragraph 8 and insert— |
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| | ‘8 | Omit section 85 (provision of apprenticeship training etc for persons within |
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| | |
| | Member’s explanatory statement
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| | This amendment repeals section 85 of the Apprenticeships, Skills, Children and Learning Act 2009 |
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| | (which imposes a duty on the Chief Executive of Skills Funding to make reasonable efforts to |
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| | secure employer participation in certain apprenticeship training) instead of transferring the duty |
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| | to the Secretary of State. |
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| |
| |
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| Schedule 13, page 142, line 40, leave out paragraph 13 and insert— |
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| | ‘13(1) | Section 100 (provision of financial resources) is amended as follows. |
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| | |
| | (a) | in the opening words, for “Chief Executive” substitute “Secretary of |
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| | |
| | (b) | in paragraph (a), for “Chief Executive’s remit” substitute “Secretary |
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| | of State’s remit under this Part”; |
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| | |
| | |
| | |
| | (a) | in the opening words, for “Chief Executive” substitute “Secretary of |
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| | |
| | (b) | in paragraph (c), for “Chief Executive” substitute “Secretary of State”. |
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| | (5) | In subsection (4), for “Chief Executive” substitute “Secretary of State”. |
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| | 13A(1) | Section 101 (financial resources: conditions) is amended as follows. |
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| | (2) | In subsection (1), for “by the Chief Executive” substitute “by the Secretary of |
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| | State under section 100”. |
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| | |
| | (a) | in paragraph (a), for “Chief Executive” (in each place where it occurs) |
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| | substitute “Secretary of State”; |
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| | |
| | (i) | for “Chief Executive” (in each place where it occurs) |
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| | substitute “Secretary of State”; |
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| | (ii) | for “the functions of the office” substitute “functions under |
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| | |
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| | (a) | in paragraph (a), for “Chief Executive” (in each place where it occurs) |
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| | substitute “Secretary of State”; |
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| | (b) | in paragraph (b), for “Chief Executive” substitute “Secretary of State”. |
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| | 13B(1) | Section 102 (performance assessments) is amended as follows. |
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| | |
| | (a) | for “Chief Executive” substitute “Secretary of State”; |
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| | (b) | for “Chief Executive’s remit” substitute “Secretary of State’s remit |
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| | |
| | (3) | In subsection (2), for “Chief Executive” substitute “Secretary of State”. |
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| | 13C(1) | Section 103 (means tests) is amended as follows. |
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| | (2) | In subsection (1), for “The Chief Executive” substitute “For the purpose of the |
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| | exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of |
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| | |
| | (3) | Omit subsection (2).’. |
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| | Member’s explanatory statement
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| | This amendment transfers the funding powers of the Chief Executive of Skills Funding under |
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| | sections 100 to 103 of the Apprenticeships, Skills, Children and Learning Act 2009 to the Secretary |
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| | |
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| Schedule 15, page 150, line 26, leave out paragraph 2 and insert— |
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| | ‘2 (1) | Omit sections 110 and 111 of the School Standards and Framework Act 1998 |
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| | (which require the governing bodies of certain schools to adopt home-school |
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| | agreements), and the italic cross-heading before those sections. |
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| | (2) | In consequence of sub-paragraph (1)— |
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| | (a) | in section 138(4)(a) of that Act, omit “, 110(10)”; |
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| | (b) | in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85; |
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| | (c) | in the Education Act 2002, in Schedule 7, omit paragraph 9; |
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| | (d) | in the Education Act 2011, in Schedule 13, omit paragraph 10(9). |
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| | Member’s explanatory statement
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| | Paragraph 2 of Schedule 15 currently provides for the requirement that governing bodies of |
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| | certain schools (maintained schools, city technology colleges, city colleges for the technology of |
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| | the arts and Academy schools) adopt home-school agreements to cease to apply in England. The |
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| | amendment substitutes a new paragraph 2 which provides for the requirement to cease to apply in |
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| | |
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| | |
| Schedule 18, page 157, line 11, at end insert— |
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| | ‘Mining Industry Act 1920 (c. 50) |
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| | 3A | The Mining Industry Act 1920 is repealed. |
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| | 3B | In consequence of paragraph 3A, in Schedule 4 to the Mines and Quarries Act |
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| | 1954, omit the entry for the Mining Industry Act 1920. |
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| | Mining Industry Act 1926 (c. 28) |
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| | 3C (1) | In the Mining Industry Act 1926, omit section 20 (which confers power on |
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| | coal-mining companies to establish profit sharing schemes irrespective of the |
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| | terms of their articles of association). |
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| | (2) | The repeal made by sub-paragraph (1) is to have no effect in relation to any |
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| | scheme still in existence that was established, and is being carried on, in |
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| | reliance on the power conferred by section 20 of the Mining Industry Act |
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| | |
| | Member’s explanatory statement
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| | This amendment repeals administrative arrangements in the Mining Industry Act 1920 which are |
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| | no longer needed in relation to the mining industries today, and an unnecessary provision |
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| | permitting profit-sharing by coal mining companies in the Mining Industry Act 1926. The repeals |
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| | do not affect mining rights. |
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| Schedule 18, page 162, line 2, at end insert— |
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| | ‘ | The Milk (Cessation of Production) (Northern Ireland) Order 1985 (S.I. 1985/ |
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| | 958 (N.I. 9)) is revoked.’. |
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| | Member’s explanatory statement
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| | This amendment revokes the Milk (Cessation of Production) (Northern Ireland) Order 1985. All |
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| | schemes made under this Order were revoked in 2007, and it is not intended to make any further |
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| | schemes under it. The underlying European milk quota system is intended to cease with effect from |
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| | |
| Schedule 18, page 163, line 12, at end insert— |
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| | |
| | |
| | |
| | 36 (1) | Paragraph 3 of Schedule 18 to the Housing Act 1988 (saving provision in |
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| | respect of repeal of sections 56 to 58 of the Housing Act 1980) ceases to have |
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| | effect in relation to tenancies of dwelling-houses in England. |
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| | (2) | Accordingly, in that paragraph of that Schedule, after “tenancy” insert “of a |
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| | dwelling-house in Wales”.’. |
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| | Member’s explanatory statement
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| | This amendment provides that the saving provision in paragraph 3 of Schedule 18 to the Housing |
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| | Act 1988 ceases to have effect in relation to tenancies of dwelling-houses in England (and so will |
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| | continue only for Wales). This is because no assured tenancies under section 56 of the Housing Act |
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| | 1980 remain in existence for England. |
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| |
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