House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 14 May 2014
2214

Deregulation Bill, continued

remaining new clauses; remaining new schedules; remaining proceedings

on consideration

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).”

(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.

Consideration of Bill: 14 May 2014
2215

Deregulation Bill, continued

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.

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.’

Consideration of Bill: 14 May 2014
2216

Deregulation Bill, continued

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.

Replacing homes lost through the Preserved Right to Buy

Caroline Lucas

NC8

To move the following Clause:—

‘(1)
Within one year of this Act receiving Royal Assent, the Secretary of State shall

lay before each House of Parliament a plan to—

(a)
replace the homes lost through the Preserved Right to Buy;

(b)
review the effectiveness of the current Right to Buy policy.

(2)
Before making any further changes to Right to Buy, the Secretary of State must

carry out and publish an assessment of the impact of Right to Buy policy on

affordable housing supply since 2012.’.

Member’s explanatory statement

This new clause would require the Minister to produce a plan to replace affordable homes lost in

England as a result of Right to Buy, review the effectiveness of current policy and carry out an

assessment of changes since 2012 before making further policy changes.

Licensing: review of legislation

Chris Williamson

NC9

To move the following Clause:—

‘(1)
No later than the end of the period of six months beginning with the day on which

this Act is passed, the Secretary of State must commence a cross-government

review of all legislation relating to local authority licensing, consents, permits and

registrations.

(2)
The review must include a review of whether and if so how the legislation can be

simplified and consolidated.

(3)
A report on the review must be presented to Parliament by the Secretary of State

no later than the end of the period of 24 months beginning with the day on which

the review is commissioned.’.

Consideration of Bill: 14 May 2014
2217

Deregulation Bill, continued

Repeal of the Sunday Trading Act 1994

Philip Davies

NC10

To move the following Clause:—

‘(1)
The Sunday Trading Act 1994 is amended as follows.

(2)
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts

Sunday trading at large shops) is repealed.

(3)
Section 2, subsection (5) of that Act and Schedule 3 to the Act (which restricts

loading and unloading at large shops on Sunday mornings) are repealed.’.

Extending of Sunday trading hours

Philip Davies

NC11

To move the following Clause:—

‘(1)
The Sunday Trading Act 1994 is amended as follows.

(2)
In Schedule 1, paragraph 2(3), leave out “six” and insert “eight”.

(3)
In Schedule 1, paragraph 2(3), leave out “6 p.m.” and insert “8 p.m.”.’.

Suspension of restriction of Sunday trading hours

Philip Davies

NC12

To move the following Clause:—

‘(1)
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts

Sunday opening at large shops) does not apply during the suspension period.

(2)
But Schedule 3 to that Act (which restricts loading and unloading at large shops

on Sunday mornings) is to apply during the suspension period to any shop to

which it would apply during that period were it not for the disapplication made

by subsection (1).

(3)
“The suspension period” means the part of the Glasgow 2014 Commonwealth

Games period which—

(a)
begins with Sunday 27 July 2014, and

(b)
ends with Sunday 3 August 2014.

(4)
Where a shop worker gives an opting-out notice in the pre-Games period that

relates to work at an exempted large shop, section 41(3), of the Employment

Rights Act 1996 has effect as if the notice period in relation to the shop worker

were the period which—

(a)
begins with the day on which the notice is given, and

(b)
ends two months after that day, or with Sunday 3 August 2014 (if that is

later).

Consideration of Bill: 14 May 2014
2218

Deregulation Bill, continued

(5)
Section 42(2) of that Act accordingly has effect in relation to the shop worker as

if the reference to three months were a reference to the notice period as it is

modified by subsection (1).

(6)
Where the opting-out notice includes an express statement to the effect that the

shop worker objects to Sunday working only during the suspension period, the

shop worker is to be treated for the purposes of that Act as having given an opting-

in notice at the end of that period.

(7)
The “pre-Games period” is the period which—

(a)
begins with the day on which this Act is passed, and

(b)
ends with Sunday 3 August 2014.

(8)
An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the

Sunday Trading Act 1994 would apply during the suspension period were it not

for the disapplication made by section 1(1).

(9)
In this section—

(a)
“opting-in notice”, “opting-out notice” and “shop worker” each have the

same meaning as in the Employment Rights Act 1996, and

(b)
“suspension period” has the meaning given in section 1(3).’.

Suspension of restriction on Sunday trading hours

Philip Davies

NC13

To move the following Clause:—

‘(1)
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts

Sunday opening at large shops) does not apply during the suspension period.

(2)
But Schedule 3 to that Act (which restricts loading and unloading at large shops

on Sunday mornings) is to apply during the suspension period to any shop to

which it would apply during that period were it not for the disapplication made

by subsection (1).

(3)
“The suspension period” means the part of the Rugby World Cup 2015 period,

which—

(a)
begins with Sunday 20 September 2015, and

(b)
ends with Sunday 25 October 2015.

(4)
Where a shop worker gives an opting-out notice in the pre-Rugby Cup period that

relates to work at an exempted large shop, section 41(3) of the Employment

Rights Act 1996 has effect as if the notice period in relation to the shop worker

were the period which—

(a)
begins with the day on which the notice is given, and

(b)
ends with Saturday 31 October 2015.

(5)
Section 42(2) of that Act accordingly has effect in relation to the shop worker as

if the reference to three months were a reference to the notice period as it is

modified by subsection (1).

(6)
Where the opting-out notice includes an express statement to the effect that the

shop worker objects to Sunday working only during the suspension period, the

shop worker is to be treated for the purposes of that Act as having given an opting-

in notice at the end of that period.

(7)
The “pre-Rugby Cup period” is the period which—

(a)
begins on Friday 17 July 2015, and

Consideration of Bill: 14 May 2014
2219

Deregulation Bill, continued

(b)
ends with Friday 11 September 2015.

(8)
An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the

Sunday Trading Act 1994 would apply during the suspension period were it not

for the disapplication made by section 1(1).

(9)
In this section—

(a)
“opting-in notice”, “opting-out notice” and “shop worker” each have the

same meaning as in the Employment Rights Act 1996, and

(b)
“suspension period” has the meaning given in section 1(3).’.

Further exemption to Sunday trading hours: garden centres

Philip Davies

NC14

To move the following Clause:—

‘(1)
The Sunday Trading Act 1994 is amended as follows.

(2)
In Schedule 1, paragraph 3(1), after paragraph (k) at end insert—

“(l)
any garden centres.’.

Tom Brake

Oliver Heald

12

Clause  15,  page  12,  line  42,  after ‘(general))’ insert ‘—

( )
in subsection (1) (fees for grant or maintenance of recognition of

professional body), in paragraph (b) (power to refuse recognition, or

revoke order of recognition, where fee not paid), after “391(1)” insert “or

(2)”;’.

Member’s explanatory statement

This amendment allows the Secretary of State to revoke or refuse recognition of a professional

body recognised for the purpose of authorising partially authorised insolvency practitioners,

where the body has not paid a fee in connection with the grant or maintenance of its recognition.

Jonathan Reynolds

Tom Greatrex

Graham Stringer

Joan Walley

2

Clause  28,  page  23,  line  13,  at end insert—

‘(2)
This section and section 29 shall not come into force until the Secretary of State

has laid a Zero-Carbon Housing Strategy before both Houses of Parliament.’.

Consideration of Bill: 14 May 2014
2220

Deregulation Bill, continued

Tom Brake

Oliver Heald

16

Clause  56,  page  40,  line  16,  leave out paragraph (a) and insert—

‘( )
in paragraph 7, after “paragraph 4 above” insert “that relates to material

that consists of or includes journalistic material”;

( )
in paragraph 8, for “such an order” substitute “an order under paragraph

4 above that relates to material that consists of or includes journalistic

material”;

( )
in paragraph 9, for “Such a notice” substitute “Notice of an application

for an order under paragraph 4 above that relates to material that consists

of or includes journalistic material”;

( )
in paragraph 10, for “this Schedule” (in each place where it occurs)

substitute “paragraph 8”.’.

Member’s explanatory statement

Clause 56(3) allows Criminal Procedure Rules to supply the procedure on an application for a

production order under Schedule 1 to the Police and Criminal Evidence Act 1984. This

amendment, with amendment 17, excepts any application which relates to material that consists of

or includes journalistic material, as defined by section 13 of the 1984 Act, and ensures that the

procedure for such applications continues to be dealt with in Schedule 1.

Tom Brake

Oliver Heald

17

Clause  56,  page  40,  line  21,  at end insert ‘, other than proceedings for an order

under paragraph 4 above that relates to material that consists of or includes journalistic

material.’.

Member’s explanatory statement

See the explanatory statement for amendment 16.

Tom Brake

Oliver Heald

18

Clause  67,  page  45,  line  40,  at end insert ‘or by the National Assembly for Wales

constituted by the Government of Wales Act 1998.’

Member’s explanatory statement

This amendment ensures that the power to spell out dates described in legislation cannot be used

to amend subordinate legislation made by the National Assembly for Wales.

Caroline Lucas

64

Page  47,  line  15,  leave out Clauses 70 to 73.

Member’s explanatory statement

This amendment removes the requirement on persons exercising a regulatory function to have

regard to the desirability of promoting economic growth.



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