Deregulation Bill (HC Bill 191)

(b) in section 136(b), after “further education institution” insert “in
Wales”;

(c) in section 137(1), after “further education institution” insert “in
Wales”;

(d) 5in section 138, omit subsection (2).

Section 44

SCHEDULE 15 Schools: reduction of burdens

Responsibility for determining behaviour policy

1 (1) Section 88 of the Education and Inspections Act 2006 (responsibility of
10governing body for discipline) is amended as follows.

(2) Before subsection (1) insert—

“(A1) The governing body of a relevant school in England must ensure that
the head teacher determines measures under section 89(1).”

(3) In subsection (1), after “relevant school” insert “in Wales”.

(4) 15In subsection (2), after “governing body” insert “of a relevant school in
Wales”.

(5) In subsection (4)—

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

(b) in paragraph (b), omit “in relation to Wales,”.

(6) 20In consequence of the amendments made to section 88, in section 89 of the
2006 Act (determination by head teacher of behaviour policy)—

(a) omit subsection (2);

(b) in subsection (3), omit “, so far as it is not determined by the
governing body”.

25Home-school agreements

2 (1) Sections 110 and 111 of the School Standards and Framework Act 1998
(which require the governing bodies of certain schools to adopt home-school
agreements) cease to have effect in relation to schools in England.

(2) Accordingly, in section 110(1)—

(a) 30in the opening words, after “of a school” insert “in Wales”;

(b) omit paragraph (b) and the “or” before it.

Determining school terms

3 (1) Section 32 of the Education Act 2002 (responsibility for fixing dates of terms
and holidays and times of sessions), as amended by the Education (Wales)
35Act 2014, is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for the words from “In the case of” to “governing body”
substitute “The governing body of a maintained school in England”.

(4) In subsection (3), in paragraph (a), for “a school within subsection (1)”
substitute “a community, voluntary controlled or community special school
in England”.

Staffing matters

4 (1) 5Section 35(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at
community, voluntary controlled and community special schools and
maintained nursery schools) ceases to have effect in relation to schools in
England.

(2) 10Accordingly, in section 35(8)—

(a) after “local authority” insert “in Wales”;

(b) after “maintained school” insert “in Wales”;

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

(d) in paragraph (b), omit “in relation to Wales”.

5 (1) 15Section 36(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at
foundation, voluntary aided and foundation special schools) ceases to have
effect in relation to schools in England.

(2) Accordingly, in section 36(8)—

(a) 20after “local authority” insert “in Wales”;

(b) after “maintained school” insert “in Wales”;

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

(d) in paragraph (b), omit “in relation to Wales”.

Publication of reports

6 (1) 25The Education Act 2005 is amended in accordance with sub-paragraphs (2)
to (4).

(2) Omit the following provisions—

(a) section 11C(4) (provision of copies of reports relating to the
investigation of certain complaints about schools);

(b) 30section 14A(4) (publication, and provision of copies, of interim
statements about maintained schools).

(3) In section 14, for subsection (4) (publication, and provision of copies, of
reports of certain general school inspections) substitute—

“(4) The appropriate authority must take such steps as are reasonably
35practicable, within such period following the receipt by it of the
report as may be prescribed, to secure that every registered parent of
a registered pupil at the school is informed of the overall assessment
contained in the report of the quality of education provided in the
school.”

(4) 40In section 49, for subsection (4) (publication, and provision of copies, of
reports relating to denominational education and collective worship at
certain schools) substitute—

“(4) The governing body must take such steps as are reasonably
practicable, within such period following the receipt by it of the

report as may be prescribed, to secure that every registered parent of
a registered pupil at the school is informed of the overall assessment
contained in the report of—

(a) the quality of the denominational education provided by the
5school, and

(b) the content of the school’s collective worship.”

10Where the school is a voluntary or foundation school which has
been designated under section 69(3) of the School Standards and
Framework Act 1998 as having a religious character, information
as to where and by what means parents may access the most
recent report about the school sent to the governing body under
15section 49 of the Education Act 2005.”

Section 46

SCHEDULE 16 Amendments consequential on section 46

Licensing Act 2003 (c. 17)2003 (c. 17)

1 The Licensing Act 2003 is amended as follows.

2 20In section 10 (sub-delegation of functions by licensing committee etc), omit
subsection (4)(a)(xi).

3 In section 115 (period of validity of personal licence), omit subsection (2)(b)
and (c).

4 (1) In the italic heading before section 117 (application for grant or renewal of
25personal licence), omit “and renewal”.

(2) In the heading, omit “or renewal”.

(3) Omit subsection (1).

(4) In subsection (2), after “An application” insert “by an individual”.

(5) Omit subsections (3), (4) and (6).

5 30Omit section 119 (licence continued pending renewal).

6 Omit section 121 (determination of application for renewal).

7 (1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (3), in the definition of “application” omit “or renewal”.

(3) In the definition of “objection notice” in that subsection, omit “or 121, as the
35case may be”.

8 In section 123 (duty to notify licensing authority of convictions during
application period), omit “or renewal” in subsections (1) and (4)(a).

9 (1) Section 124 (convictions coming to light after grant or renewal) is amended
as follows.

(2) In the heading omit “or renewal”.

(3) In subsection (1), omit “or renewed”.

(4) 5In subsection (7), omit “or renewal” (in each place where it occurs).

10 In section 128 (duty to notify court of personal licence), omit subsection
(5)(a) and (c).

11 In section 134 (licensing authority’s duty to update licence document), in
subsection (1)(a), omit “121 or”.

12 10In section 158 (false statements made for the purpose of the Licensing Act),
in subsection (1)(d), omit “or renewal”.

13 In Schedule 3 (matters to be entered in licensing register), in paragraph (w),
omit “or renewal”.

14 (1) In Schedule 5 (appeals), paragraph 17 is amended as follows.

(2) 15In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of
paragraph (a).

(3) Omit sub-paragraph (3).

(4) In sub-paragraph (5), omit “or renewal”.

(5) Omit sub-paragraphs (9) to (11).

20Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

15 In section 111 of the Police Reform and Social Responsibility Act 2011 (which
makes an amendment to section 121 of the Licensing Act 2003, repealed by
paragraph 6 above), omit subsection (4).

Section 66

SCHEDULE 17 25Removal of consultation requirements

Part 1 Measures affecting England only

National Parks and Access to the Countryside Act 1949: making of byelaws

1 In section 91 of the National Parks and Access to the Countryside Act 1949
30(default powers of Secretary of State as to certain byelaws), in the proviso to
subsection (1) (beginning with the words “Provided that”)—

(a) after “natural beauty” insert “in Wales”;

(b) omit “Natural England (as regards land or waterways in England)
or”;

(c) 35omit “(as regards land or waterways in Wales)”.

Pests Act 1954: designation of rabbit clearance areas

2 In section 1 of the Pests Act 1954 (designation of rabbit clearance areas), after
subsection (11) insert—

“(11A) The requirement in subsection (11)(a) does not apply to an order
5which applies only in relation to England.”

Agriculture and Horticulture Act 1964: grading etc of horticultural produce

3 In section 23 of the Agriculture and Horticulture Act 1964 (regulations and
orders under Part 3 of that Act), after subsection (1) insert—

“(1A) Subsection (1) does not apply to regulations which apply, or to an
10order which applies, only in relation to England.”

Control of Pollution Act 1974: reduction of noise from plant or machinery

4 In section 68 of the Control of Pollution Act 1974 (regulations for reducing
noise from plant or machinery), after subsection (2) insert—

“(2A) Subsection (2) does not apply to regulations which apply only in
15relation to England.”

Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements

5 In section 7 of the Agriculture (Miscellaneous Provisions) Act 1976
(metrication of measurements), after subsection (4) insert—

“(4A) Subsection (4) does not apply to regulations which make
20amendments that apply only in relation to England.”

Forestry Act 1979: metrication of measurements

6 In section 2 of the Forestry Act 1979 (metrication of measurements), in
subsection (4), for the words from “Before” to “the appropriate authority”
substitute “Before any such regulations are made by the Welsh Ministers,
25they”.

Derelict Land Act 1982: grants for reclaiming or improving derelict land etc

7 (1) In section 1 of the Derelict Land Act 1982 (powers of Secretary of State to
make grants for reclaiming or improving derelict land etc), omit subsection
(6A).

(2) 30In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 99.

Horticultural Produce Act 1986: movement of horticultural produce

8 In section 3 of the Horticultural Produce Act 1986 (orders to amend that Act
in connection with the movement of horticultural produce), after subsection
35(2) insert—

“(2A) Subsection (2) does not apply to an order which makes amendments
that apply only in relation to England.”

Housing Act 1988: designation of Housing Action Trust Areas

9 In section 61 of the Housing Act 1988 (consultation and publicity prior to the
designation of a housing action trust area), in subsection (1) (which requires
consultation with every local housing authority any part of whose district is
5to be included in the proposed designated area), after “designation order”
insert “in relation to Wales”.

Land Drainage Act 1991: codes of practice

10 In section 61E of the Land Drainage Act 1991, after subsection (4) insert—

“(5) Subsection (4) does not apply to an order which applies only in
10relation to England.”

Environment Act 1995: National Park grant

11 (1) In section 72 of the Environment Act 1995 (National Park grant), in
subsection (2)—

(a) after “National Park authority” insert “in Wales”;

(b) 15omit the words from “, according to whether” to “Natural England
or”.

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 144.

Environment Act 1995: hedgerows

12 20In section 97 of the Environment Act 1995 (hedgerows), after subsection (6)
insert—

“(6A) Subsection (6)(d) does not apply to regulations which apply only in
relation to England.”

Environment Act 1995: environmental subordinate legislation

13 25Omit section 99 of the Environment Act 1995 (consultation before making or
modifying certain subordinate legislation for England).

Local Government Act 1999: keeping of accounts by best value authorities

14 (1) In section 23 of the Local Government Act 1999 (regulations about the
keeping of accounts by best value authorities), omit subsection (4).

(2) 30In consequence of sub-paragraph (1), in the Public Audit (Wales) Act 2004,
in Schedule 1, omit paragraph 14.

Countryside and Rights of Way Act 2000: grants to conservation boards

15 (1) In section 91 of the Countryside and Rights of Way Act 2000 (grants to
conservation boards), omit subsection (2).

(2) 35In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 164(e).

Fire and Rescue Services Act 2004: schemes for combining fire and rescue authorities

16 (1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), after
subsection (6) insert—

“(6A) 5The duty to consult under subsection (6) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
in England, and

(b) the variation or revocation has been proposed by the fire and
rescue authority.”

(3) 10In section 4 (which makes provision for the continuation, variation and
revocation of schemes for combining fire authorities under the Fire Services
Act 1947), after subsection (5) insert—

“(5A) The duty to consult under subsection (5) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
15in England, and

(b) the variation or revocation has been proposed by the fire and
rescue authority.”

Part 2 Measures affecting England and Wales

20Water Industry Act 1991: provision of sewers

17 In section 101A of the Water Industry Act 1991 (further duty of sewerage
undertaker to provide sewers), in subsection (5), omit the words from the
beginning to “and” in the closing words.

Local Government Act 2003: commencement of BID arrangements following appeal

18 25In section 53 of the Local Government Act 2003 (commencement of BID
arrangements), omit subsection (7).

Section 69

SCHEDULE 18 Legislation no longer of practical use

Part 1 30Companies

Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

1 Omit section 1175 of, and Schedule 9 to, the Companies Act 2006 (which
make amendments of Part 7 of the Companies Act 1985 and Part 8 of the
Companies (Northern Ireland) Order 1986).

Part 2 Industry

Newspaper Libel and Registration Act 1881 (c. 60)Newspaper Libel and Registration Act 1881 (c. 60)

2 In the Newspaper Libel and Registration Act 1881, omit sections 7 to 18 and
5Schedules A and B (provisions relating to a register of proprietors of
newspapers other than newspapers belonging to companies formed and
registered under the Companies Act 2006 or incorporated in another EEA
state).

3 In consequence of paragraph 2, in section 1 of the Newspaper Libel and
10Registration Act 1881, omit the definitions of “registrar”, “occupation” and
“place of residence”.

Industry Act 1972 (c. 63)Industry Act 1972 (c. 63)

4 In the Industry Act 1972, in Schedule 3 (shipbuilding: transitional
provisions), omit paragraph 1(b)(ii) (saving provision for the Shipbuilding
15Industry Board (Dissolution Provisions) Order 1971 (S.I. 1971/1939S.I. 1971/1939)).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)Aircraft and Shipbuilding Industries Act 1977 (c. 3)

5 The Aircraft and Shipbuilding Industries Act 1977 is repealed.

6 (1) The following amendments are made in consequence of paragraph 5.

(2) In the Civil Aviation Act 1982, in Schedule 15, omit paragraph 18.

(3) 20In the Companies Act 1989, in Schedule 18, omit paragraph 16.

British Steel Act 1988 (c. 35)British Steel Act 1988 (c. 35)

7 The British Steel Act 1988 is amended in accordance with paragraphs 8 and
9.

8 (1) Omit section 6 (target investment limit for Government shareholding in
25successor company to British Steel Corporation).

(2) In consequence of sub-paragraph (1)—

(a) in section 4(1), omit “Subject to section 6(5),”;

(b) in section 13(2), omit “6 or”.

9 In Schedule 3 (transitional provisions and savings), omit paragraph 10
30(saving provision for regulations made under section 24 of the Iron and Steel
Act 1953 (compensation to officers and servants) or having effect as if made
under paragraph 2 of Schedule 4 to the Iron and Steel Act 1975
(compensation to employees)).

European Communities (Definition of Treaties) (International Railway Tariffs Agreements)
35Order 1980 (S.I. 1980/1094S.I. 1980/1094)

10 The European Communities (Definition of Treaties) (International Railway
Tariffs Agreements) Order 1980 is revoked.

Part 3 Energy

Atomic Energy Act 1946 (c. 80)Atomic Energy Act 1946 (c. 80)

11 Omit sections 6 and 7 of, and Schedule 1 to, the Atomic Energy Act 1946
5(which confer powers to do work for the purpose of discovering certain
minerals and to compulsorily acquire rights to work such minerals).

12 (1) The following amendments are made in consequence of paragraph 11.

(2) In the 1946 Act—

(a) in section 15(1), omit the words “, except an order made under
10section seven thereof or an order varying or revoking such an
order,”;

(b) in section 16, omit the words from “Provided that” to the end of the
section;

(c) in section 19, omit paragraphs (c) and (d);

(d) 15in section 20(1), omit the words “, except sections six and seven
thereof,”.

(3) In the Atomic Energy Authority Act 1954, in Schedule 3, omit—

(a) the paragraph beginning “In subsection (1) of section seven”;

(b) the paragraph beginning “At the end of section sixteen”;

(c) 20the paragraph beginning “In paragraph (c) of section nineteen”.

Energy Act 1976 (c. 76)Energy Act 1976 (c. 76)

13 Omit section 9 of the Energy Act 1976 (which requires the consent of the
Secretary of State for offshore natural gas to be subjected in Great Britain to
certain processes of liquefaction which result in the production of liquid
25methane or ethane).

14 In consequence of paragraph 13—

(a) in the Oil and Gas (Enterprise) Act 1982, in Schedule 3, omit
paragraph 37;

(b) in the Gas Act 1995, in Schedule 4, omit paragraph 11(1);

(c) 30in the Petroleum Act 1998, in Schedule 4, omit paragraph 12.

Nuclear Industry (Finance) Act 1977 (c. 7)Nuclear Industry (Finance) Act 1977 (c. 7)

15 Omit section 3 of the Nuclear Industry (Finance) Act 1977 (which provides
for expenditure which the Secretary of State may incur with a view to, or in
connection with, the acquisition of shares etc in the National Nuclear
35Corporation Limited to be paid out of money provided by Parliament).

Sustainable Energy Act 2003 (c. 30)Sustainable Energy Act 2003 (c. 30)

16 Omit section 7 of the Sustainable Energy Act 2003 (which required the Gas
and Electricity Markets Authority to pay into the Consolidated Fund
amounts of up to £60 million, on the Secretary of State’s direction, for the
40Secretary of State then to spend on promoting the use of energy from
renewable sources).

Electricity and Gas (Energy Efficiency Obligations) Orders

17 The following Orders (which impose energy efficiency obligations on
certain gas and electricity suppliers for periods which have now expired) are
revoked—

(a) 5the Electricity and Gas (Energy Efficiency Obligations) Order 2001
(S.I. 2001/4011S.I. 2001/4011);

(b) the Electricity and Gas (Energy Efficiency Obligations) Order 2004
(S.I. 2004/3392S.I. 2004/3392).

18 In consequence of paragraph 17, the Electricity and Gas (Energy Efficiency
10Obligations) (Amendment) Order 2003 (S.I. 2003/1180S.I. 2003/1180) is revoked.

Part 4 Transport

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

19 (1) Omit section 64A of the Road Traffic Act 1988 (which makes it an offence to
15use certain unregistered vehicles on a road without an EC certificate of
conformity).

(2) In consequence of sub-paragraph (1)—

(a) in section 183(2) of the Road Traffic Act 1988 (which makes provision
about the application of certain provisions of that Act to vehicles in
20the public service of the Crown), for “sections 64A, 65 and 65A”
substitute “sections 65 and 65A”;

(b) in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
(prosecution and punishment of offences under the Traffic Acts),
omit the entry relating to section 64A of the Road Traffic Act 1988.

25Part 5 Environment

Farm and Garden Chemicals Act 1967 (c. 50)Farm and Garden Chemicals Act 1967 (c. 50)

20 The Farm and Garden Chemicals Act 1967 is repealed.

21 (1) The following amendments are made in consequence of paragraph 20.

(2) 30In the Food Safety Act 1990, in Schedule 3, omit paragraph 5.

(3) In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 3, omit
the entry for the Farm and Garden Chemicals Act 1967.

Statutory Water Companies Act 1991 (c. 58)Statutory Water Companies Act 1991 (c. 58)

22 The Statutory Water Companies Act 1991 is repealed.

23 (1) 35The following amendments are made in consequence of paragraph 22.

(2) In the Water Act 1983—

(a) omit section 3(5)(b);