Deregulation Bill (HC Bill 191)

Application of Road Traffic Act provisions in shipping regime

14 (1) In Part 4 of the Railways and Transport Safety Act 2003 (shipping: alcohol
and drugs), section 83 (specimens, etc) is amended as follows.

(2) After subsection (1) (but before the table) insert—

“(1A) 5The references in the table to provisions of the Road Traffic Act 1988
or the Road Traffic Offenders Act 1988 are, subject to any contrary
intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) The table is amended as follows.

(4) 10In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third
column, at the end insert—

• “In section 6C, the following shall be disregarded—

  (a)

  in subsection (1)(b), the words following “in his
  body”;

  (b)

  15subsection (3).

• In section 6D, subsection (1)(b) shall be disregarded.”

(5) In the entry for section 7 of the Road Traffic Act 1988, in the third column—

(a) after the first sentence insert—

• “Subsection (1A) shall be disregarded.

• 20In subsection (2)(b), the reference to the circumstances in
  which section 6(5) of the 1988 Act applies shall be
  treated as a reference to the circumstances in which
  the following provision of this table applies:
  paragraph (c) of the modifications specified for
  25section 6 of the 1988 Act.”;

(b) in the last sentence, for “or 4” substitute “, 4 or 5A”.

(6) In the entry for section 8 of the Road Traffic Act 1988, in the second column,
for “Choice of specimen of breath” substitute “Breath specimen showing
higher alcohol level to be disregarded”.

(7) 30In the entry for section 10 of the Road Traffic Act 1988, in the third column—

(a) in paragraph (b), for “or 5” substitute “, 5 or 5A”;

(b) before the last sentence insert—

• “In subsection (2), paragraph (c) shall be disregarded.”

(8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third
35column—

(a) in the first sentence, for “section 3A, 4 or 5” substitute “any of
sections 3A to 5A”;

(b) after the first sentence insert—

• “Subsection (2)(b) shall be disregarded.”;

(c) 40after the last sentence insert—

• “Subsection (3A) shall be disregarded.”

15 In Schedule 22 to the Crime and Courts Act 2013 (drugs and driving: minor
and consequential amendments), omit paragraphs 8 and 14.

Application of Road Traffic Act provisions in aviation regime

16 (1) In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol
and drugs), section 96 (specimens, etc) is amended as follows.

(2) After subsection (1) (but before the table) insert—

“(1A) 5The references in the table to provisions of the Road Traffic Act 1988
or the Road Traffic Offenders Act 1988 are, subject to any contrary
intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) The table is amended as follows.

(4) 10In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third
column, at the end insert—

• “In section 6C, the following shall be disregarded—

  (a)

  in subsection (1)(b), the words following “in his
  body”;

  (b)

  15subsection (3).

• In section 6D, subsection (1)(b) shall be disregarded.”

(5) In the entry for section 7 of the Road Traffic Act 1988, in the third column—

(a) after the first sentence insert—

• “Subsection (1A) shall be disregarded.

• 20In subsection (2)(b), the reference to the circumstances in
  which section 6(5) of the 1988 Act applies shall be
  treated as a reference to the circumstances in which
  the following provisions of this table apply:
  paragraphs (c) and (d) of the modifications specified
  25for section 6 of the 1988 Act.”;

(b) in the last sentence, for “or 4” substitute “, 4 or 5A”.

(6) In the entry for section 8 of the Road Traffic Act 1988—

(a) in the second column, for “Choice of specimen of breath” substitute
“Breath specimen showing higher alcohol level to be disregarded”;

(b) 30omit the words in the third column.

(7) In the entry for section 10 of the Road Traffic Act 1988, in the third column—

(a) in paragraph (b), for “or 5” substitute “, 5 or 5A”;

(b) before the last sentence insert—

• “In subsection (2), paragraph (c) shall be disregarded.”

(8) 35In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third
column—

(a) in the first sentence, for “section 3A, 4 or 5” substitute “any of
sections 3A to 5A”;

(b) after the first sentence insert—

• 40“Subsection (2)(b) shall be disregarded.”;

(c) after the last sentence insert—

• “Subsection (3A) shall be disregarded.”

Part 2 Bus lane contraventions

17 (1) Until the relevant day, section 144 of the Transport Act 2000 (civil penalties
for bus lane contraventions) has effect as if in subsection (3)(b), for the words
5from “made an order” to the end of the paragraph there were substituted
“notified the authority in writing that it is an approved local authority for the
purposes of this section (and has not withdrawn that notice).”

(2) In sub-paragraph (1) the “relevant day” means the day on which the repeal
of section 144 of the Transport Act 2000 by Part 1 of Schedule 12 to the Traffic
10Management Act 2004 comes into force in relation to England.

18 (1) Sub-paragraph (2) applies to any authority which, immediately before
paragraph 17 comes into force, is specified in an order under section
144(3)(b) of the Transport Act 2000 as an approved local authority for the
purposes of section 144 of that Act.

(2) 15The authority is to be treated, on and after the date on which paragraph 17
comes into force, as having been notified in writing by the Secretary of State
that it is an approved local authority for the purposes of section 144 of the
Transport Act 2000.

19 In paragraph 9 of Schedule 8 to the Traffic Management Act 2004
20(designation of civil enforcement areas for bus lane contraventions), after
sub-paragraph (3) insert—

“(3A) A notice given (and not withdrawn) before the commencement of
this Part of this Act approving a local authority in England for the
purposes of section 144 of the Transport Act 2000 (civil penalties
25for bus lane contraventions) has effect on and after the
commencement of this Part of this Act (in relation to England) as
an order under this paragraph designating as a civil enforcement
area for bus lane contraventions so much of that authority’s area
as is a civil enforcement area for parking contraventions.”

Section 36

30SCHEDULE 11 Household waste: London

1 The London Local Authorities Act 2007 is amended as follows.

2 In section 20 (regulations relating to receptacles for household waste), in
subsection (9), for “46(2) to (6)” substitute “46(2) to (5)”.

3 35After section 20 insert—

“20A Regulations relating to receptacles for household waste: enforcement

(1) This section applies where a borough council is satisfied that—

(a) a person has failed without reasonable excuse to comply with
a requirement imposed by regulations made under section
4020(1), and

(b) the person’s failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any
amenities of the locality.

(2) Where this section applies, the borough council may serve a written
warning on the person.

(3) 5A written warning must—

(a) identify the requirement with which the person has failed to
comply,

(b) explain the nature of the failure to comply,

(c) explain how the failure to comply has had, or is or was likely
10to have, the effect described in subsection (1)(b),

(d) if the failure to comply is continuing, specify the period
within which the requirement must be complied with and
explain the consequences of the requirement not being
complied with within that period, and

(e) 15whether or not the failure to comply is continuing, explain
the consequences of the person subsequently failing to
comply with the same or a similar requirement.

(4) Where a written warning has been served in respect of a failure to
comply that is continuing, the borough council may require the
20person on whom the written warning was served to pay a penalty
charge if satisfied that the person has failed to comply with the
requirement identified in the warning within the period specified by
virtue of subsection (3)(d).

(5) Where a person has been required to pay a penalty charge under
25subsection (4) and that requirement has not been withdrawn on
appeal, the borough council may require the person to pay a further
penalty charge if satisfied that the failure to comply is still continuing
at the end of a relevant period which falls within the period of one
year beginning with the day the written warning was served.

(6) 30For the purposes of subsection (5)—

(a) a “relevant period” is a period beginning with the day a final
notice is served on the person under section 20C(5) in respect
of the failure to comply that is continuing and ending with—

(i) where the person appeals against the requirement to
35pay a penalty charge imposed by that final notice, the
day on which the appeal that is the final appeal made
by the person against the requirement is dismissed or
withdrawn;

(ii) where the person does not appeal, the day on which
40the period for appealing expires;

(b) there is no relevant period where the person appeals as
mentioned in paragraph (a)(i) and the requirement to pay the
penalty charge is withdrawn on appeal.

(7) Where a written warning has been served, whether or not in respect
45of a failure to comply that is continuing, the borough council may
require the person on whom the written warning was served to pay
a penalty charge if satisfied that, within the period of one year
beginning with the day the written warning was served—

(a) the person has again failed without reasonable excuse to
comply with the requirement identified in the warning and
the person’s failure to comply has had, or is or was likely to
have, the effect described in subsection (1)(b), or

(b) 5the person has failed without reasonable excuse to comply
with a requirement that is similar to the one identified in the
warning and the person’s failure to comply has had, or is or
was likely to have, the effect described in subsection (1)(b).

(8) A borough council may require a person to pay a penalty charge
10under subsection (5) or (7) each time that the borough council is
satisfied of the matters mentioned in the subsection.

(9) A borough council imposing a requirement to pay a penalty charge
under subsection (4), (5) or (7) must act in accordance with section
20C.

(10) 15In this section and sections 20C and 20D a “penalty charge” means a
monetary penalty of an amount determined in accordance with
section 20B.

20B Amount of penalty charge that may be imposed under section 20A

(1) It is to be the duty of the borough councils to set the levels of penalty
20charges payable to them under section 20A.

(2) Different levels may be set for different areas in Greater London and
for different cases or classes of case.

(3) The borough councils may make provision for treating a penalty
charge which is payable under section 20A as having been paid if a
25lesser amount is received by the relevant council before the end of a
period specified by the borough councils.

(4) The Secretary of State may by regulations make provision in
connection with the functions conferred on the borough councils
under subsections (1) and (3).

(5) 30Regulations under subsection (4) may (in particular)—

(a) require the levels of penalty charges to fall within a range
prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which,
the borough councils may make provision under subsection
35(3).

(6) The borough councils must publish, in such manner as the Secretary
of State may determine, the levels of penalty charges which have
been set by the councils in accordance with this section.

(7) The functions conferred on the borough councils by subsections (1),
40(3) and (6) are to be discharged by a joint committee within the
meaning of Part 4 (see section 60(1)).

20C Penalty charges under section 20A: procedure regarding notices of
intent and final notices

(1) Before requiring a person to pay a penalty charge under section 20A,
45a borough council must serve on the person notice of intention to do
so (a “notice of intent”) in accordance with subsections (2) to (4).

(2) A notice of intent must contain information about—

(a) the grounds for proposing to require payment of a penalty
charge,

(b) the amount of the penalty charge that the person would be
5required to pay, and

(c) the right to make representations under subsection (3).

(3) A person on whom a notice of intent is served may make
representations to the borough council as to why payment of a
penalty charge should not be required.

(4) 10Representations under subsection (3) must be made within the
period of 28 days beginning with the day service of the notice of
intent is effected.

(5) In order to require a person to pay a penalty charge under section
20A, a borough council must serve on the person a further notice (the
15“final notice”) in accordance with subsections (6) to (8).

(6) A final notice may not be served on a person by a borough council
before the expiry of the period of 28 days beginning with the day
service of the notice of intent on the person was effected.

(7) Before serving a final notice on a person, a borough council must
20consider any representations made by the person under subsection
(3).

(8) The final notice must contain information about—

(a) the grounds for requiring payment of a penalty charge,

(b) the amount of the penalty charge,

(c) 25how payment may be made,

(d) the period within which payment is required to be made
(which must not be less than the period of 28 days beginning
with the day service of the final notice is effected),

(e) any provision giving a discount for early payment made by
30virtue of section 20B(3),

(f) the right to appeal by virtue of section 20D, and

(g) the consequences of not paying the penalty charge.

20D Appeals and application of provisions of Part 4 of this Act

(1) Regulations made by the Lord Chancellor under section 62(2) may
35make provision relating to appeals to an adjudicator against a
decision under section 20A to require a person to pay a penalty
charge.

(2) Until such time as regulations made by virtue of subsection (1) are in
force, regulations under section 80 of the Traffic Management Act
402004 are to apply in relation to appeals of the type described in
subsection (1) with such modifications as are prescribed in
regulations made by the Secretary of State.

(3) For the purposes of subsection (2), the functions of adjudicators
under the regulations as so applied are to be discharged by the
45persons appointed under regulations made under section 81 of the
Traffic Management Act 2004 as adjudicators for the purposes of Part
6 of that Act.

(4) Penalty charges payable under section 20A are penalty charges for
the purposes of section 64 and, for the purposes of subsection (2)(b)
of section 64, they are to be treated as if they were payable under a
provision of Part 4.

(5) 5Schedule 4 applies in relation to the administration and enforcement
of section 20A as it applies in relation to the administration and
enforcement of section 61.”

4 (1) Section 23 (regulations relating to receptacles for waste: enforcement) is
amended as follows.

(2) 10In subsection (2), omit “subsection (1) of section 20 (regulations relating to
receptacles for household waste) or”.

(3) In subsection (4)—

(a) omit paragraph (e);

(b) in paragraph (f), omit “subsection (4) of the said section 20 or” and
15omit “as the case may be”.

(4) In the heading, after “receptacles for” insert “commercial or industrial”.

Section 37

SCHEDULE 12 Other measures relating to animals, food and the environment

Part 1 20Destructive imported animals

Destructive Imported Animals Act 1932 (c. 12)Destructive Imported Animals Act 1932 (c. 12)

1 (1) Section 10 of the Destructive Imported Animals Act 1932 (power to extend
provisions of Act to other destructive non-indigenous animals) is amended
as follows.

(2) 25In subsection (1), after “and to destroy any which may be at large” insert “or
keep under review whether any which may be at large should be
destroyed”.

(3) After subsection (1) insert—

“(1A) The power in subsection (1) includes power to revoke or amend an
30order made under that subsection.”

Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 (S.I. 1937/478S.I. 1937/478)

2 (1) Article 1 of the Grey Squirrels (Prohibition of Importation and Keeping)
Order 1937 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) 35After that paragraph insert—

“(2) In the application of the Destructive Imported Animals Act 1932 in
relation to animals of that species, there shall be omitted—

(a) section 5(2), and

(b) in section 6(1), paragraph (f) and the reference to a penalty
in the case of an offence under paragraph (f).”

Part 2 5Farriers

Constitution of Farriers Registration Council

3 (1) Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 (constitution of
the Farriers Registration Council) is amended as follows.

(2) In paragraph 1(f) (persons that may appoint one member of the Council)—

(a) 10for “The Jockey Club” substitute “The British Horseracing Authority
Limited”;

(b) for “The Council for Small Industries in Rural Areas” substitute “The
Secretary of State”.

(3) After paragraph 6 insert—

“6A 15The Secretary of State must consult the Scottish Ministers before
appointing a person as member of the Council under paragraph
1(f).”

Part 3 Joint waste authorities

20Removal of power to establish joint waste authorities in England

4 In the Local Government and Public Involvement in Health Act 2007, in Part
11 (joint waste authorities), omit sections 205 to 208 (provisions relating to
the establishment of joint waste authorities in England).

5 The provisions repealed by paragraph 4 continue to have effect for the
25purposes of the exercise by the Welsh Ministers of the power conferred on
them by section 210 of the Local Government and Public Involvement in
Health Act 2007 (power by order to make provision in relation to Wales
applying any provisions of sections 205 to 208 with modifications).

6 (1) The following amendments are made in consequence of paragraph 4.

(2) 30In the Landlord and Tenant Act 1954, in section 69(1), in the definition of
“local authority”, omit the words from “an authority” to “(joint waste
authorities),”.

(3) In the Trustee Investments Act 1961, in section 11(4)(a), omit the words from
“, an authority” to “(joint waste authorities)”.

(4) 35In the Leasehold Reform Act 1967, in section 28(5)(a), omit the words from
“any authority” to “(joint waste authorities),”.

(5) In the Employers’ Liability (Compulsory Insurance) Act 1969, in section
3(2)(b), omit the words from “an authority” to “(joint waste authorities),”.

(6) In the Local Authorities (Goods and Services) Act 1970, in section 1(4), in the
definition of “local authority”, omit the words from “, any authority” to
“(joint waste authorities)”.

(7) In the Local Government Act 1972—

(a) 5in section 70(1) and (3), for “, combined authority or joint waste
authority” substitute “or combined authority”;

(b) in section 80(2)(b), omit “, joint waste authority”;

(c) in section 85(4), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(d) 10in section 86(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(e) in section 92, omit subsections (7A) and (7B);

(f) in section 100J—

(i) in subsection (1), omit paragraph (ba);

(ii) 15in subsections (2) and (3), omit “(ba),”;

(iii) in subsection (4)(a), omit “, a joint waste authority”;

(g) in section 101(13), omit “a joint waste authority,”;

(h) in section 146A(1), omit “a joint waste authority,”;

(i) in section 175(3B), omit “, a joint waste authority”;

(j) 20in section 176(3), omit “, a joint waste authority”;

(k) in section 223(2), omit “a joint waste authority,”;

(l) in section 224(2), for “, combined authority or joint waste authority”
substitute “or combined authority”;

(m) in section 225(3), for “, a combined authority and a joint waste
25authority” substitute “and a combined authority”;

(n) in section 228, omit subsection (7B);

(o) in section 229(8), omit “, a joint waste authority”;

(p) in section 230(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(q) 30in section 231(4), omit “, a joint waste authority”;

(r) in section 232(1A), omit “, a joint waste authority”;

(s) in section 233(11), omit “, a joint waste authority”;

(t) in section 234(4), omit “, a joint waste authority”;

(u) in section 239(4A), for “, a combined authority and a joint waste
35authority” substitute “and a combined authority”;

(v) in section 270(1), omit the definition of “joint waste authority”.

(8) In the Employment Agencies Act 1973, in section 13(7), omit paragraph (fza).

(9) In the Local Government Act 1974—

(a) in section 25(1), omit paragraph (cd);

(b) 40in section 26C(6), omit paragraph (d).

(10) In the Health and Safety at Work etc. Act 1974, in section 28(6), omit the
words from “, an authority” to “(joint waste authorities)”.

(11) In the Local Government (Miscellaneous Provisions) Act 1976, in section
44(1), in the definition of “local authority”—

(a) 45in paragraph (a), omit the words from “, an authority” to “(joint
waste authorities)”;

(b) in paragraph (c), omit the words from “an authority” to “(joint waste
authorities),”.

(12) In the Rent (Agriculture) Act 1976, in section 5(3), omit paragraph (bba).

(13) In the Rent Act 1977, in section 14(1), omit paragraph (cba).

(14) 5In the Local Government, Planning and Land Act 1980—

(a) in section 2(1), omit paragraph (kaa);

(b) in section 98(8A), omit paragraph (ea) (but not the “and” following
it);

(c) in section 99(4), omit paragraph (dba);

(d) 10in section 100(1)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
established under section 103 of that Act”;

(e) in Schedule 16, omit paragraph 5BA.

(15) In the Acquisition of Land Act 1981, in section 17(4), in paragraph (a) of the
15definition of “local authority”, for the words from “, a combined authority”
to the end of the paragraph substitute “or a combined authority established
under section 103 of the Local Democracy, Economic Development and
Construction Act 2009”.

(16) In the Local Government (Miscellaneous Provisions) Act 1982—

(a) 20in section 33(9)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
established under section 103 of that Act”;

(b) in section 33(9)(b), for “, combined authority or joint waste authority”
substitute “or combined authority”;

(c) 25in section 41(13), in the definition of “local authority”, omit
paragraph (ea) (but not the “and” following it).

(17) In the Stock Transfer Act 1982, in Schedule 1, in paragraph 7(2)(a), omit the
words from “, an authority” to “(joint waste authorities)”.

(18) In the County Courts Act 1984, in section 60(3), in the definition of “local
30authority”, omit the words from “an authority” to “(joint waste
authorities),”.

(19) In the Housing Act 1985, in section 4—

(a) in subsection (1)(e), omit “, a joint waste authority” (in both places it
occurs);

(b) 35in subsection (2), omit the definition of “joint waste authority”.

(20) In the Landlord and Tenant Act 1985, in section 38, in the definition of “local
authority”, omit the words from “, an authority” to “(joint waste
authorities)”.

(21) In the Local Government Act 1988, in Schedule 2, omit the entry relating to
40an authority established for an area in England by an order under section
207 of the Local Government and Public Involvement in Health Act 2007.

(22) In the Housing Act 1988, in Schedule 1, in paragraph 12(1), omit paragraph
(fa).

(23) In the Road Traffic Act 1988, in section 144(2)(a)(i), omit the words from “an
45authority” to “(joint waste authorities),”.