House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 14 May 2014
2193

Deregulation Bill, continued

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

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.

Consideration of Bill: 14 May 2014
2194

Deregulation Bill, continued

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

(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”).

Consideration of Bill: 14 May 2014
2195

Deregulation Bill, continued

(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

(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.

Consideration of Bill: 14 May 2014
2196

Deregulation Bill, continued

(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—

(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

58

Schedule  18,  page  157,  line  11,  at end insert—

‘Mining Industry Act 1920 (c. 50)

3A
The Mining Industry Act 1920 is repealed.

3B
In consequence of paragraph 3A, in Schedule 4 to the Mines and Quarries Act

1954, omit the entry for the Mining Industry Act 1920.

Mining Industry Act 1926 (c. 28)

3C  (1)
In the Mining Industry Act 1926, omit section 20 (which confers power on

coal-mining companies to establish profit sharing schemes irrespective of the

terms of their articles of association).

      (2)
The repeal made by sub-paragraph (1) is to have no effect in relation to any

scheme still in existence that was established, and is being carried on, in

reliance on the power conferred by section 20 of the Mining Industry Act

1926.’.

Member’s explanatory statement

This amendment repeals administrative arrangements in the Mining Industry Act 1920 which are

no longer needed in relation to the mining industries today, and an unnecessary provision

permitting profit-sharing by coal mining companies in the Mining Industry Act 1926. The repeals

do not affect mining rights.

Tom Brake

Oliver Heald

75

Schedule  18,  page  159,  line  32,  at end insert—

‘Merchant Shipping Act 1988 (c. 12)


The Merchant Shipping Act 1988 is repealed.’.

Member’s explanatory statement

This amendment repeals the Merchant Shipping Act 1988 in the United Kingdom. The only

operative provision is section 37. Section 37 provides for the disapplication of the requirements of

section 34 of the Coast Protection Act 1949, which has been repealed.

Consideration of Bill: 14 May 2014
2197

Deregulation Bill, continued

Tom Brake

Oliver Heald

59

Schedule  18,  page  162,  line  2,  at end insert—


‘The Milk (Cessation of Production) (Northern Ireland) Order 1985 (S.I. 1985/

958 (N.I. 9)) is revoked.’.

Member’s explanatory statement

This amendment revokes the Milk (Cessation of Production) (Northern Ireland) Order 1985. All

schemes made under this Order were revoked in 2007, and it is not intended to make any further

schemes under it. The underlying European milk quota system is intended to cease with effect from

31 March 2015.

Mr William Cash

Mr Bernard Jenkin

Thomas Docherty

Oliver Heald

Tom Brake

4

Schedule  18,  page  162,  line  22,  at end insert—

‘Part 7A

Civil Law

Defamation Act 1996 (c.31)

34A
Omit section 13 of the Defamation Act 1996 (which allows an individual

litigant in defamation cases to waive the ban in Article IX of the Bill of Rights

on proceedings in Parliament being impeached or questioned in court).’.

Member’s explanatory statement

The Joint Committees on Parliamentary Privilege in 1999 and 2013 both recommended the repeal

of this hardly-used provision.

Tom Brake

Oliver Heald

60

Schedule  18,  page  163,  line  12,  at end insert—

‘Part 9

HOUSING

Housing Act 1988 (c. 50)

36  (1)
Paragraph 3 of Schedule 18 to the Housing Act 1988 (saving provision in

respect of repeal of sections 56 to 58 of the Housing Act 1980) ceases to have

effect in relation to tenancies of dwelling-houses in England.

      (2)
Accordingly, in that paragraph of that Schedule, after “tenancy” insert “of a

dwelling-house in Wales”.’.

Member’s explanatory statement

This amendment provides that the saving provision in paragraph 3 of Schedule 18 to the Housing

Act 1988 ceases to have effect in relation to tenancies of dwelling-houses in England (and so will

continue only for Wales). This is because no assured tenancies under section 56 of the Housing Act

1980 remain in existence for England.

Consideration of Bill: 14 May 2014
2198

Deregulation Bill, continued

Philip Davies

73

Schedule  18,  page  163,  line  12,  at end insert—

‘Part 9

Communications

Copyright Design and Patents Act 1988

37
The Copyright, Designs and Patents Act 1988 is amended as follows.

38
Section 73 of the Copyright, Designs and Patents Act 1988 (Reception and re-

transmission of wireless broadcast by cable) is revoked.’.

Member’s explanatory statement

Section 73 was introduced in the 1980s to encourage cable roll-out as a competing platform to

terrestrial (analogue) television. This has clearly now been achieved and cable is a highly-effective

and well-resourced competitor to Sky and Freeview.

New Clauses AND nEW sCHEDULES RELATING TO HEALTH AND SAFETY AT WORK

AND AMENDMENTS TO CLAUSE 1

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—

Consideration of Bill: 14 May 2014
2199

Deregulation Bill, continued

(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—

(e)
any vehicle, vessel, aircraft or hovercraft,

(f)
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

(g)
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).

Chi Onwurah

Toby Perkins

72

Page  1,  line  1,  leave out Clause 1.



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