Deregulation Bill (HC Bill 191)

(2) The Secretary of State may direct a local highway authority in
England to vary or revoke a permit scheme by an order under
subsection (1).

(3) An order made by a local highway authority under subsection (1)
5may vary or revoke an order made by the authority under section
33A(2), or an order previously made by the authority under
subsection (1).

(4) The Welsh Ministers may by order vary or revoke any permit scheme
which for the time being has effect by virtue of an order made by
10them under section 34(4) or 35(2).

(5) An order under subsection (4) may vary or revoke an order made by
the Welsh Ministers under section 34(4) or 35(2), or an order
previously made under subsection (4).

(6) The Secretary of State may by order vary or revoke any permit
15scheme which for the time being has effect by virtue of an order
made by the Secretary of State under section 35(2).

(7) An order under subsection (6) may vary or revoke an order made by
the Secretary of State under section 35(2), or an order previously
made under subsection (6).

(8) 20An order under subsection (4) or (6) may relate to one or more permit
schemes.

(9) An order under this section may (in accordance with permit
regulations) include provisions which disapply or modify
enactments to the extent specified in the order.”

6 (1) 25Section 37 (permit regulations) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) omit “submission, approval,”;

(c) at the end insert “prepared by local highway authorities in England
30under section 33(1) or (2) or by the Secretary of State under section
33(3) or (4)”.

(3) After subsection (1) insert—

“(1A) The Welsh Ministers may by regulations (“permit regulations”)
make provision with respect to the content, preparation, submission,
35approval, operation, variation or revocation of permit schemes
prepared by local highway authorities in Wales under section 33(1A)
or (2A) or by the Welsh Ministers under section 33(3).”

(4) After subsection (3) insert—

“(3A) Permit regulations made by the Secretary of State may impose
40requirements for the purpose of securing that permit schemes are
kept under review.”

7 (1) Section 39 (interpretation of Part 3) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “the appropriate
national authority”, for “National Assembly for Wales” substitute “Welsh
45Ministers”.

(3) In subsection (3), after “power” insert “of the Secretary of State or the Welsh
Ministers”.

(4) After subsection (5) insert—

“(6) A statutory instrument containing regulations under this Part made
5by the Welsh Ministers is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”

8 (1) This paragraph applies to a permit scheme prepared by a local highway
authority in England which, by virtue of an order made by the Secretary of
State under section 34(4) of the Traffic Management Act 2004, has effect
10immediately before the date on which paragraphs 1 to 7 come into force.

(2) On and after that date, the scheme is to be treated as if it had effect by virtue
of an order made by the local highway authority under section 33A(2) of that
Act.

Part 2 15Road humps

9 The Highways Act 1980 is amended as follows.

10 In section 90A (construction of road humps by highway authority), in
subsection (1)(b), for “the Secretary of State” substitute “the appropriate
national authority”.

11 (1) 20Section 90B (additional powers of Secretary of State and Welsh Ministers) is
amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Secretary of State” substitute “Welsh
Ministers”;

(b) 25in the opening words, for “he is” substitute “they are”;

(c) in paragraph (b), for “him” substitute “them”;

(d) in the closing words, for “him” substitute “them”.

(3) In subsection (3)—

(a) for “Secretary of State”, in the first place those words occur,
30substitute “Welsh Ministers”;

(b) for “Secretary of State has” substitute “Welsh Ministers have”.

(4) In subsection (4), for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (5), for “Secretary of State so directs” substitute “Welsh
Ministers so direct”.

(6) 35In subsection (6)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) for “his” substitute “their”.

(7) In the heading, for “Secretary of State” substitute “Welsh Ministers”.

12 (1) Section 90C (road humps: consultation and local inquiries) is amended as
40follows.

(2) In subsection (1)—

(a) for the words from “Where the Secretary of State” to “he or they”
substitute “Where a highway authority proposes to construct a road
hump under section 90A, or the Welsh Ministers propose to
construct a road hump under section 90B, the highway authority or
5the Welsh Ministers (as the case may be)”;

(b) omit paragraph (a) and the “and” following it;

(c) in paragraph (b)—

(i) omit “other”;

(ii) for “the Secretary of State” substitute “the appropriate
10national authority”.

(3) For subsection (2) substitute—

“(2) The highway authority or the Welsh Ministers (as the case may be)
shall also comply with such requirements as may be specified in
regulations made by the appropriate national authority in relation
15to—

(a) the publication of—

(i) details of proposals to construct road humps, and

(ii) procedures for making objections to such proposals,
and

(b) 20procedures for dealing with such objections.

(2A) Regulations under subsection (2)(b) may, in particular, contain
provision about—

(a) local inquiries in relation to proposals to construct road
humps, and

(b) 25the application of subsections (2) to (5) of section 250 of the
Local Government Act 1972 in relation to such inquiries,
subject to such modifications as may be specified in the
regulations.”

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

(5) 30In subsection (6)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

13 (1) Section 90D (regulations concerning construction and maintenance of road
35humps) is amended as follows.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “The appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

(3) 40In subsection (3)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

(4) In subsection (4)—

(a) 45for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

14 (1) Section 90E (status of road humps) is amended as follows.

(2) In subsection (1B)(a), for “the Secretary of State” substitute “the appropriate
national authority”.

(3) 5In subsection (2), in paragraph (a), for “the Secretary of State” substitute “the
appropriate national authority”.

15 In section 90F (meaning of “road hump” and interpretation of sections 90A
to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—

• “the appropriate national authority” means—

  (a)

  10the Secretary of State, in relation to England;

  (b)

  the Welsh Ministers, in relation to Wales;”.

16 After section 90F insert—

“90FA Regulations under sections 90C and 90D

(1) Regulations under section 90C or 90D are to be made by statutory
15instrument.

(2) Regulations under section 90C or 90D may—

(a) include incidental, supplementary, consequential or
transitional provision or savings;

(b) make different provision for different purposes.

(3) 20A statutory instrument containing regulations made by the Secretary
of State under section 90C or 90D is subject to annulment in
pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations made by the Welsh
Ministers under section 90C or 90D is subject to annulment in
25pursuance of a resolution of the National Assembly for Wales.”

17 In section 325 (provisions as to regulations, schemes and orders), after
subsection (2A) insert—

“(2B) This section does not apply to regulations under section 90C or 90D
(see section 90FA for provision about such regulations).”

30Part 3 Pedestrian crossings: removal of requirement to inform Secretary of State

18 In section 23(2) of the Road Traffic Regulation Act 1984—

(a) omit paragraph (c) (which requires that the Secretary of State or, in
relation to Wales, the Welsh Ministers be informed in writing before
35certain pedestrian crossings are established or removed etc);

(b) omit the “and” before that paragraph.

Part 4 Off-road motoring events

19 In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences
which do not apply for authorised off-road motoring events), after “2” insert
5“, 2B”.

Part 5 Testing of vehicles

20 In section 52 of the Road Traffic Act 1988 (supplementary provisions about
tests etc of goods vehicles), in subsection (2) (which confers power on the
10Secretary of State to provide and maintain stations and apparatus for the
carrying out of examinations of certain goods vehicles), for the words from
“provide and maintain” to the end of the subsection substitute “—

(a) provide and maintain stations where examinations of goods
vehicles under regulations under section 49 or under section
1550 of this Act may be carried out,

(b) designate premises as stations where such examinations may
be carried out, and

(c) provide and maintain apparatus for the carrying out of such
examinations.”

21 (1) 20Section 46 of that Act (provision which may be included in regulations
under section 45 of that Act about tests of the condition of vehicles other than
certain goods vehicles) is amended as follows.

(2) In subsection (1), after paragraph (j) insert—

“(ja) the charges to be paid to the Secretary of State by persons
25occupying premises designated under section 8(3)(b) of the
Public Passenger Vehicles Act 1981 as stations where
inspections of public service vehicles may be carried out
where the charges are in connection with—

(i) the provision by the Secretary of State of vehicle
30examiners to examine public service vehicles on the
premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
public service vehicles carried out on the premises,

(iii) 35the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, omit the “and” at the end of paragraph (k) and insert—

“(ka) the keeping by persons mentioned in paragraph (ja) of
40registers of test certificates in the prescribed form and
containing the prescribed particulars, and the inspection of
such registers by such persons and in such circumstances as
may be prescribed,”.

(4) In that subsection, after paragraph (l) insert “, and

(m) the keeping of records by persons mentioned in paragraph
(ja) and the providing by them of returns and information to
the Secretary of State.”

(5) 5In subsection (4), after “subsection (1)(j)” insert “or (ja)”.

22 (1) Section 51 of that Act (particular aspects of regulations under section 49 of
that Act dealing with the testing of certain goods vehicles etc) is amended as
follows.

(2) In subsection (1), after paragraph (k) insert—

“(ka) 10make provision as to the charges to be paid to the Secretary
of State by persons occupying premises designated under
section 52(2)(b) as stations where examinations of goods
vehicles may be carried out where the charges are in
connection with—

(i) 15the provision by the Secretary of State of vehicle
examiners to examine goods vehicles on the premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
goods vehicles carried out on the premises,

(iii) 20the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2))
insert—

“(kb) 25make provision as to the keeping by persons mentioned in
paragraph (ka) of registers of test certificates in the
prescribed form and containing the prescribed particulars,
and the inspection of such registers by such persons and in
such circumstances as may be prescribed,

(kc) 30make provision as to the keeping of records by persons
mentioned in paragraph (ka) and the providing by them of
returns and information to the Secretary of State,”.

(4) After subsection (1) insert—

“(1A) The provision which may be made by virtue of subsection (1)(ka)
35above includes provision requiring—

(a) the making to the Secretary of State at prescribed times of
payments, of such amounts as may be determined by him in
accordance with regulations, on account of charges that may
become payable, and

(b) 40where forms for test certificates and notifications of the
refusal of test certificates are supplied by the Secretary of
State, the payment to him of charges for the supply of such
forms,

and for the repayment, in prescribed circumstances, of such
45payments received by the Secretary of State.”

Part 6 Rail vehicle accessibility regulations: exemption orders

23 The Equality Act 2010 is amended as follows.

24 (1) Section 183 (exemptions from rail vehicle accessibility regulations) is
5amended as follows.

(2) Omit subsection (3) (power to make regulations as to exemption orders:
applications etc).

(3) After subsection (6) insert—

“(7) Section 207(2) does not require an exemption order to be made by
10statutory instrument; but such an order is as capable of being
amended or revoked as an order made by statutory instrument.”

25 In consequence of paragraph 24—

(a) omit section 184 (procedure for making exemption orders);

(b) in section 185 (annual report on exemption orders)—

(i) 15omit subsection (1)(b);

(ii) in subsection (2)(b), for “sections 183(4) and 184(2)” substitute
“section 183(4)”;

(c) in section 208 (Ministers of the Crown, etc)—

(i) omit subsection (5)(g);

(ii) 20omit subsection (7)(a).

26 (1) This paragraph applies to an exemption order made by statutory instrument
under section 183(1) of the Equality Act 2010, or treated as so made, before
the date on which paragraph 24(3) comes into force.

(2) The order is to be treated as having been made otherwise than by statutory
25instrument; but is to be as capable of being amended or revoked as an order
made by statutory instrument.

Section 32

SCHEDULE 10 Enforcement of transport legislation

Part 1 30Drink and drug driving offences

Removal of “statutory option” to have breath specimen replaced: road and rail transport

1 (1) In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit
subsections (2), (2A), (3) and (4).

(2) The amendments in sub-paragraphs (3) to (5) are made in consequence of
35sub-paragraph (1).

(3) In the Road Traffic Act 1988—

(a) for the heading of section 8 substitute “Breath specimen showing
higher alcohol level to be disregarded”;

(b) in section 8(1), omit “Subject to subsection (2) below,”;

(c) in section 195(3), omit “8(3),”;

(d) in section 195(4), omit “8(3),”;

(e) in section 195(4A), omit “8(3) or”.

(4) 5In the Serious Organised Crime and Police Act 2005, omit section 154(7).

(5) In the Scotland Act 2012, omit section 20(2) to (4).

2 (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of
railways etc: offences involving drink or drugs), in section 32 (choice of
specimens of breath), omit subsections (2) to (4).

(2) 10In consequence of sub-paragraph (1), for the heading of that section
substitute “Breath specimen showing higher alcohol level to be
disregarded”.

No need for preliminary breath test before evidential breath test: road transport

3 (1) The Road Traffic Act 1988 is amended as follows.

(2) 15In section 7 (provision of specimens for analysis), for subsection (2)
substitute—

“(2) A constable may make a requirement under this section to provide
specimens of breath only if—

(a) the requirement is made at a police station or a hospital,

(b) 20the requirement is imposed in circumstances where section
6(5) of this Act applies, or

(c) the constable is in uniform.”

(3) Omit subsections (2A) and (2B).

(4) After subsection (2C) insert—

“(2CA) 25For the purposes of subsection (2C) “a relevant breath test” is a
procedure involving the provision by the person concerned of a
specimen of breath to be used for the purpose of obtaining an
indication whether the proportion of alcohol in his breath or blood is
likely to exceed the prescribed limit.”

(5) 30After subsection (5) insert—

“(5A) A constable may arrest a person without warrant if—

(a) the person fails to provide a specimen of breath when
required to do so in pursuance of this section, and

(b) the constable reasonably suspects that the person has alcohol
35in his body.”

Removing restriction that evidential breath test must be taken at police station: rail transport

4 (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of
railways etc: offences involving drink or drugs), section 31 (provision of
specimens for analysis) is amended as follows.

(2) For subsection (2) substitute—

“(2) A constable may make a requirement under this section to provide
specimens of breath only if—

(a) the requirement is made at a police station or a hospital, or

(b) 5the constable is in uniform.”

(3) After subsection (7) insert—

“(7A) A constable may arrest a person without warrant if—

(a) the person fails to provide a specimen of breath when
required to do so in pursuance of this section, and

(b) 10the constable reasonably suspects that the person has alcohol
in his body.”

Health care professionals advising whether condition is due to drugs: road and rail transport

5 In section 7 of the Road Traffic Act 1988 (provision of specimens for
analysis), in subsection (3)(c) (medical advice that person’s condition might
15be due to drugs), after “advised by a medical practitioner” insert “or a
registered health care professional”.

6 In section 31 of the Transport and Works Act 1992 (provision of specimens
for analysis)—

(a) in subsection (4)(c) (medical advice that person’s condition might be
20due to drugs), after “advised by a medical practitioner” insert “or a
registered health care professional”;

(b) omit subsections (9A), (9B) and (9C).

Further extension of role of health care professionals: road and rail transport

7 The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and
259.

8 (1) Section 7A (specimens of blood taken from persons incapable of consenting)
is amended as follows.

(2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “a
medical or health care practitioner”.

(3) 30In subsection (2)(b), for “a medical practitioner other than a police medical
practitioner” substitute “a practitioner other than a police medical or health
care practitioner”.

(4) In subsection (2)(b)(i), for “to made to a police medical practitioner”
substitute “to be made to a police medical or health care practitioner”.

(5) 35In subsection (2)(b)(ii), omit “medical”.

(6) In subsection (3), for “a medical practitioner” substitute “a medical or health
care practitioner”.

(7) For subsection (7) substitute—

“(7) In this section—

• 40“medical or health care practitioner” means a medical
  practitioner or a registered health care professional;

Deregulation BillPage 129

• “police medical or health care practitioner” means a medical
  practitioner, or a registered health care professional, who is
  engaged under any agreement to provide medical or health
  care services for purposes connected with the activities of a
  5police force.”

9 In section 11 (interpretation), in subsection (4) (providing a specimen of
blood), omit “by a medical practitioner or, if it is taken in a police station,”.

10 In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic
Offenders Act 1988 (use of specimens in proceedings for certain offences
10under the Road Traffic Act), in subsection (4) (circumstances in which
specimen of blood is to be disregarded)—

(a) in paragraph (a), for the words from “and either” to the end of the
paragraph substitute “by a medical practitioner or a registered health
care professional”;

(b) 15in paragraph (b), after “medical practitioner” insert “or a registered
health care professional”.

11 The Transport and Works Act 1992 is amended in accordance with
paragraphs 12 and 13.

12 (1) Section 31A (specimens of blood taken from persons incapable of
20consenting) is amended as follows.

(2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “a
medical or health care practitioner”.

(3) In subsection (2)(b), for “a medical practitioner other than a police medical
practitioner” substitute “a practitioner other than a police medical or health
25care practitioner”.

(4) In subsection (2)(b)(i), for “to made to a police medical practitioner”
substitute “to be made to a police medical or health care practitioner”.

(5) In subsection (2)(b)(ii), omit “medical”.

(6) In subsection (3), for “a medical practitioner” substitute “a medical or health
30care practitioner”.

(7) For subsection (7) substitute—

“(7) In this section—

• “medical or health care practitioner” means a medical
  practitioner or a registered health care professional;

• 35“police medical or health care practitioner” means a medical
  practitioner, or a registered health care professional, who is
  engaged under any agreement to provide medical or health
  care services for purposes connected with the activities of a
  police force.”

13 40In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a
specimen of blood), omit “by a medical practitioner or, if it is taken in a
police station,”.