House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 12 May 2014
2170

Deregulation Bill, continued

(4)
For the purposes of this section, a body is an associate of another body

if it would be an associate of the other body for the purposes of the

Estate Agents Act 1979 (see section 32(4) to (6) of that Act).

110F
Date when Part 5A notice takes effect

(1)
A Part 5A notice takes effect on the date specified under section

110D(8).

(2)
Subsection (1) does not apply if a counter notice is given under section

110J in relation to the notice.


(For the case where a counter notice is revoked or quashed by a court,

see section 110K(2).)

110G
Acknowledgement of notice etc

(1)
This section applies where a relevant licensing authority receives a

notice that is, or purports to be, a Part 5A notice.

(2)
The authority must give written acknowledgement of the receipt of the

notice to the person who gave it.

(3)
The acknowledgment must be given—

(a)
before the end of the first working day following the day on

which it was received, or

(b)
if the day on which it was received was not a working day,

before the end of the second working day following that day.

(4)
If the licensing authority is of the opinion that the notice does not

comply with section 110D, the authority must as soon as possible give

to the person who gave the notice written notification of the reasons

for its opinion.

(5)
Subsection (2) does not apply where, before the time by which

acknowledgement of the receipt of the notice must be given in

accordance with subsection (3), the person who gave the notice has

been given a counter notice under section 110J.

110H
Theft, loss etc of Part 5A notice

(1)
Where a Part 5A notice is lost, stolen, damaged or destroyed, the

person who gave the notice may apply to the relevant licensing

authority for a copy of the notice.

(2)
The application must be accompanied by the prescribed fee.

(3)
Where an application is made in accordance with this section, the

licensing authority must issue the applicant with a copy of the notice

(certified by the authority to be a true copy) if it is satisfied that the

notice has been lost, stolen, damaged or destroyed.

(4)
This Act applies in relation to a copy issued under this section as it

applies in relation to an original notice.

Objections and counter notices

110I
Objection to Part 5A notice by a relevant person

(1)
Where a relevant person who is given a Part 5A notice is satisfied that

allowing alcohol to be sold on the premises (or any of the premises) to

Notices of Amendments: 12 May 2014
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Deregulation Bill, continued

which the notice relates would undermine a licensing objective, the

relevant person must give a notice stating the reasons for being so

satisfied (an “objection notice”)—

(a)
to the relevant licensing authority,

(b)
to the person who gave the Part 5A notice, and

(c)
to every other relevant person.

(2)
Subsection (1) does not apply at any time after the relevant person has

received a copy of a counter notice under section 110J in relation to

the Part 5A notice.

(3)
An objection notice may be given only during the period beginning

with the day on which the relevant person is given the Part 5A notice

and ending with the third working day following that day (“the three-

day period”).

(4)
The restriction in subsection (3) does not apply to an objection notice

based on—

(a)
things occurring after the end of the three-day period, or

(b)
information that the relevant person was unaware of, and

could not with reasonable diligence have discovered, until

after the end of that period.

110J
Counter notices

(1)
Where a relevant licensing authority receives a Part 5A notice, the

relevant licensing authority may—

(a)
give the person who gave the Part 5A notice a counter notice

under this section;

(b)
give a copy of the counter notice to each relevant person.

(2)
Where the relevant licensing authority receives an objection notice

given in compliance with the requirement imposed by section 110I(3),

the relevant licensing authority must decide whether to give a counter

notice (and, if it does so decide, give that notice) no later than

whichever of the following is the earlier—

(a)
the day before the date when the Part 5A would take effect

(see section 110D(8));

(b)
the expiry of the period of 28 days beginning with the day on

which the objection notice is received by the relevant

licensing authority.

(3)
The power conferred by subsection (1) may not be exercised at any

time after the Part 5A notice takes effect unless an objection notice

under section 110I has been given, by virtue of subsection (4) of that

section, in relation to the notice.

(4)
The counter notice must—

(a)
be in the prescribed form, and

(b)
be given in the prescribed manner.

110K
Counter notices: revocation etc

(1)
A relevant licensing authority must revoke a counter notice given

under section 110J if—

(a)
the counter notice was given in consequence of one or more

objection notices under section 110I, and

Notices of Amendments: 12 May 2014
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Deregulation Bill, continued

(b)
the objection notice or (as the case may be) each of them is

withdrawn by the person who gave it or is quashed by a court.

(2)
Where a counter notice is revoked or is quashed by a court—

(a)
the counter notice is disregarded for the purposes of section

110A(3), except in relation to any time before the day on

which it is revoked or quashed,

(b)
the Part 5A notice takes effect on that day, and

(c)
the relevant licensing authority must as soon as possible notify

the person who gave the Part 5A notice of the date on which

it takes effect.

Rights of entry, production of notice, etc

110L
Right of entry where Part 5A notice given

(1)
A constable or an authorised officer may, at any reasonable time, enter

premises to which a Part 5A notice relates to assess the likely effect of

the notice on the promotion of the crime prevention objective.

(2)
An authorised officer exercising the power conferred by this section

must, if so requested, produce evidence of the officer’s authority to

exercise the power.

(3)
It is an offence intentionally to obstruct an authorised officer

exercising a power conferred by this section.

(4)
A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

(5)
In this section “authorised officer” means—

(a)
an officer of the licensing authority in whose area the

premises are situated, or

(b)
if the premises are situated in the area of more than one

licensing authority, an officer of any of those authorities,


authorised for the purposes of this Act.

110M
Duty to keep and produce Part 5A notice

(1)
This section applies whenever premises are being used for sales of

alcohol which are, or are purported to be, permitted sales by virtue of

this Part.

(2)
The person who gave the Part 5A notice must secure that a copy of the

notice is either—

(a)
prominently displayed at the premises, or

(b)
kept at the premises in the custody of that person or of

someone who is present and working at the premises and

whom that person has nominated for the purposes of this

section (a “nominated person”).

(3)
Where a copy of the Part 5A notice is kept in the custody of a

nominated person (and not prominently displayed at the premises) the

person who gave the Part 5A notice must secure that a notice—

(a)
stating that the Part 5A notice is in the nominated person’s

custody, and

Notices of Amendments: 12 May 2014
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Deregulation Bill, continued

(b)
specifying the position held at the premises by the nominated

person,


is prominently displayed at the premises.

(4)
It is an offence for the person who gave the Part 5A notice to fail,

without reasonable excuse, to comply with subsection (2) or (where it

applies) subsection (3).

(5)
Where—

(a)
a copy of the Part 5A notice is not prominently displayed at

the premises, and

(b)
no notice is displayed as mentioned in subsection (3),


a constable or authorised officer may require the person who gave the

Part 5A notice to produce a copy of it for examination.

(6)
Where a notice is displayed as mentioned in subsection (3), a

constable or authorised officer may require the nominated person to

produce a copy of the Part 5A notice for examination.

(7)
An authorised officer exercising the power conferred by subsection (5)

or (6) must, if so requested, produce evidence of the officer’s authority

to exercise the power.

(8)
It is an offence for a person to fail, without reasonable excuse, to

produce a copy of a Part 5A notice in accordance with a requirement

under subsection (5) or (6).

(9)
A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

(10)
In this section “authorised officer” has the meaning given in section

110L(5).

Supplementary

110N
The relevant licensing authority

(1)
For the purposes of this Part, the “relevant licensing authority”, in

relation to any premises, is determined in accordance with this section.

(2)
In the case of a Part 5A notice that specifies the ancillary business

sales conditions or in the case of Part 5A notice that specifies the

community event conditions in relation to only one set of premises, the

relevant licensing authority is, subject to subsection (3), the authority

in whose area the premises are situated.

(3)
Where the premises are situated in the areas of two or more licensing

authorities, the relevant licensing authority is—

(a)
the licensing authority in whose area the greater or greatest

part of the premises is situated, or

(b)
if there is no authority to which paragraph (a) applies, such

one of the authorities as the person giving the Part 5A notice

may choose.

(4)
In the case of a Part 5A notice that specifies the community event

conditions in relation to more than one set of premises, the relevant

licensing authority is—

Notices of Amendments: 12 May 2014
2174

Deregulation Bill, continued

(a)
if there is only one licensing authority in whose area each set

of premises is wholly or partly situated, that licensing

authority;

(b)
if each set of premises falls partly in the area of one authority

and also partly in the area of another, such one of them as the

person giving the Part 5A notice may choose.”’.

Member’s explanatory statement

This amendment inserts the new Part 5A of the Licensing Act 2003 (see the explanatory statement

to amendment NC5).

Tom Brake

Oliver Heald

27

Schedule  1,  page  53,  line  9,  leave out ‘prepare and’.

Member’s explanatory statement

This amendment removes the requirement that the Secretary of State must prepare apprenticeship

standards. It is related to amendment 28.

Tom Brake

Oliver Heald

28

Schedule  1,  page  53,  line  11,  at end insert—

‘( )
Each standard must be—

(a)
prepared by the Secretary of State, or

(b)
prepared by another person and approved by the Secretary of State.’.

Member’s explanatory statement

This amendment allows for any person, including employers, to prepare apprenticeship standards

(as well as the Secretary of State). A standard must be approved by the Secretary of State if it is

prepared by another person.

Tom Brake

Oliver Heald

29

Schedule  1,  page  53,  line  19,  leave out from ‘State’ to end of line 24 and insert

‘may—

(a)
publish a revised version of a standard, or

(b)
withdraw a standard (with or without publishing another in its place).’.

Member’s explanatory statement

This amendment, which is related to amendment 30, allows for the Secretary of State to publish an

amended version of a standard or to withdraw a standard (with or without publishing another

one).

Tom Brake

Oliver Heald

30

Schedule  1,  page  53,  line  24,  at end insert—

‘( )
Revisions of a standard may be—

(a)
prepared by the Secretary of State, or

(b)
prepared by another person and approved by the Secretary of State.’.

Member’s explanatory statement

Notices of Amendments: 12 May 2014
2175

Deregulation Bill, continued

This amendment allows for any person, including employers, to prepare revisions of

apprenticeship standards (as well as the Secretary of State). A standard must be approved by the

Secretary of State if it is prepared by another person.

Tom Brake

Oliver Heald

31

Schedule  1,  page  53,  leave out lines 25 to 27.

Member’s explanatory statement

This amendment removes the express provision for employers or their representatives to make

proposals to the Secretary of State about standards. This is considered unnecessary in the light of

amendments 28 and 30 which allow for an enhanced role for employers and other persons.

Tom Brake

Oliver Heald

32

Schedule  1,  page  55,  line  25,  at end insert—

‘1A(1)
Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009

(provision of financial resources) is amended as follows.

      (2)
In subsection (1), after “financial resources” insert “under this subsection”.

      (3)
After subsection (1) insert—

“(1A)
The Secretary of State may secure the provision of financial resources

to any person under this subsection (whether or not the resources could

be secured under subsection (1))—

(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.”

      (4)
In subsection (3), after “subsection (1)” insert “or (1A)”.

      (5)
In subsection (4), after “subsection (1)(c)” insert “or (1A)”.

1B  (1)
Section 101of that Act (financial resources: conditions) is amended as follows.

      (2)
In subsection (2)—

(a)
after “may” insert “(among other things)”;

(b)
omit paragraph (b).

      (3)
Omit subsections (4) and (5).

1C
In section 103 of that Act (means tests), in subsection (1) (as amended by

paragraph 13C of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or

(1A)”.’.

Member’s explanatory statement

This amendment is to ensure that the Secretary of State may make payments relating to approved

English apprenticeships under section 100 of the Apprenticeships, Skills, Children and Learning

Act 2009 (provision of financial resources). It makes consequential changes to sections 100, 101

and 103 of that Act.

Tom Brake

Oliver Heald

33

Schedule  1,  page  56,  line  17,  leave out ‘employment’ and insert ‘service’.

Member’s explanatory statement

This amendment, together with amendment 34, is to clarify that “apprenticeship training” in

Notices of Amendments: 12 May 2014
2176

Deregulation Bill, continued

section 83 of the Apprenticeships, Skills, Children and Learning Act 2009 includes training

provided in connection with any contract of service or contract of apprenticeship.

Tom Brake

Oliver Heald

34

Schedule  1,  page  56,  line  18,  after ‘agreement)’ insert ‘or contract of

apprenticeship’.

Member’s explanatory statement

See amendment 33.

Tom Brake

Oliver Heald

35

Schedule  1,  page  57,  line  38,  at end insert—

‘Part 4

Transitional provision


The provision that may be included in an order under section 77(7) in

connection with the coming into force of paragraph 1 of this Schedule includes

provision—

(a)
for work done by a person under an arrangement described in the order

to be treated as work done under an approved English apprenticeship

within the meaning of the Apprenticeships, Skills, Children and

Learning Act 2009, where the person begins to work under the

arrangement before the paragraph comes into force and continues to

do so (for any period) afterwards;

(b)
for a standard published by the Secretary of State before the paragraph

comes into force, in connection with work that by virtue of provision

made under paragraph (a) is treated as work done under an approved

English apprenticeship, to be treated as if it were an approved

apprenticeship standard published under section A2 of the 2009 Act in

relation to the approved English apprenticeship.’.

Member’s explanatory statement

This amendment provides that the Secretary of State may by order make certain transitional

provision, in particular, provision for work to be treated as if it were done under an approved

English apprenticeship where the work was done under other specified arrangements before

paragraph 1 of Schedule 1 comes into force.

Tom Brake

Oliver Heald

36

Schedule  2,  page  58,  line  11,  leave out ‘authorise the person to apply’ and insert

‘require the person’.

Member’s explanatory statement

This amendment is a drafting improvement to make new section 124(3)(a) of the Road Traffic Act

1988 more consistent with the new system for registering driving instructors.



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