Deregulation Bill (HC Bill 191)

(3) In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) 5In section 121A(1) (which confers power to make regulations about
applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
section”.

(5) In section 121E(8) (which makes provision about what may be included in
10regulations about appeals under section 121D(1)), in paragraph (j), for
“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) In Part 1 of Schedule 6 (procedure for making and confirming certain orders
relating to footpaths, bridleways and restricted byways), in paragraph 2B
15(which makes supplemental provision about hearings held under paragraph 2
of the Schedule), after sub-paragraph (3) insert—

“(4) For the purposes of sub-paragraph (1) as it applies in relation to
section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b)
20or (3)(b) of paragraph 2 of any representations or objections about an
order relating to land in England is to be treated as a hearing which
the Secretary of State has caused to be held under that paragraph.”

24 Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights
25of way in England and the making and confirmation of orders relating to such
rights.

(2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
30modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies
where a modification of a definitive map and statement is needed
because of an administrative error;

(c) 35enable regulations to be made so that applications made to a local
authority seeking a modification of a definitive map and statement do
not need to be included in the register of applications unless the
authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) 40facilitate the making of modifications of a definitive map and statement
by consent in cases based on documentary evidence of the existence of
a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
45and determination of applications to a local authority in England for a
modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making

and confirmation of orders making modifications of a definitive map and
statement.

(5) Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
make changes to the procedure for the making and confirmation of public path
5creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) The Secretary of State may by regulations make provision for an amendment
made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in
10relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) Regulations under subsection (7) may make different provision for different
purposes.

(9) 15Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of either House of Parliament.

25 Erection of public statues (London): removal of consent requirement

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
20consent of the Secretary of State to the erection of public statues in London).

Housing and development

26 Reduction of qualifying period for right to buy

(1) The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before
25subsection (1) insert—

“(A1) In the application of this Part to England, the right to buy does not arise
unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.”

(3) In subsection (1), at the beginning insert “In the application of this Part to
30Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

27 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
Secretary of State, in relation to England, and the Welsh Ministers, in relation
35to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (a)—

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

(ii) 5for “the appropriate person” substitute “the Welsh Ministers”.

(4) In subsection (2)—

(a) for “The appropriate person” substitute “The Welsh Ministers”;

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

(c) for “the appropriate person” (in each place where it occurs) substitute
10“the Welsh Ministers”.

(5) In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
15Ministers”.

(6) In consequence of the amendments made by this section to section 87 of the
2003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) 20in section 333D(3) of the Greater London Authority Act 1999, in the
definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “other”.

28 Optional building requirements

25After section 2A of the Building Act 1984 insert—

“2B Optional requirements

(1) Building regulations made by the Secretary of State may include
requirements that apply only if a local planning authority in England
decide that they apply in respect of a particular development or class of
30development in the authority’s area.

(2) In the following provisions of this section, a requirement included in
building regulations by virtue of subsection (1) is referred to as an
“optional requirement”.

(3) Building regulations may specify that an optional requirement is
35capable of applying only in respect of development of a kind described
in the regulations.

(4) Building regulations may specify conditions that must be satisfied
before a local planning authority may decide that an optional
requirement is to apply.

(5) 40Building regulations may specify the steps that a local planning
authority must take to inform a person subject to an optional
requirement of the requirement.

(6) Where building regulations include an optional requirement that
would (to any extent) be inconsistent with another requirement
imposed by the regulations, the building regulations must provide—

(a) that the other requirement does not apply in any case where the
5optional requirement applies, or

(b) that the other requirement applies in any such case with
modifications specified in the regulations.

(7) In this section —

• “development” has the same meaning as in the Town and Country
  10Planning Act 1990 (see section 55 of that Act);

• “local planning authority” has the same meaning as in Part 2 of
  the Planning and Compulsory Purchase Act 2004 (see section 37
  of that Act).”

29 Amendment of Planning and Energy Act 2008

15In the Planning and Energy Act 2008, in section 1 (energy policies), after
subsection (1) insert—

“(1A) Subsection (1)(c) does not apply to development in England that
consists of the construction or adaptation of buildings to provide
dwellings or the carrying out of any work on dwellings.”

20Transport

30 Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
transport areas), in section 10(1) (general powers of Executive)—

(a) after paragraph (i) insert—

“(ia) 25to carry passengers by railway—

(a) where that area is in England, between places in
that area, between such places and any place in
Great Britain which is outside that area, or
between places in Great Britain which are
30outside that area, or

(b) where that area is in Wales or Scotland, between
places in that area or between such places and
any place outside that area but within the
permitted distance, that is to say, the distance of
35twenty-five miles from the nearest point on the
boundary of that area;”;

(b) in paragraph (ii), for “other form of land transport” substitute “form of
land transport other than road or railway”.

(2) Schedule 8 contains—

(a) 40amendments in consequence of subsection (1), and

(b) further amendments in connection with the provision of passenger rail
services.

31 Reduction of burdens relating to the use of roads and railways

Schedule 9 makes provision about the following matters—

(a) permit schemes;

(b) road humps;

(c) 5pedestrian crossings;

(d) off-road motoring events;

(e) testing of vehicles;

(f) rail vehicle accessibility regulations: exemption orders.

32 Reduction of burdens relating to enforcement of transport legislation

10Schedule 10 makes provision about the following matters—

(a) drink and drug driving offences;

(b) bus lane contraventions.

33 Removal of duty to order re-hearing of marine accident investigations

In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing
15of investigation into marine accident and duty to do so in certain cases)—

(a) omit paragraph (a) (duty to order re-hearing where new and important
evidence discovered), and the “or” following it;

(b) in paragraph (b), omit “other”.

Communications

34 20Repeal of power to make provision for blocking injunctions

In the Digital Economy Act 2010, omit sections 17 and 18 (which confer power
on the Secretary of State to make regulations about the granting by courts of
injunctions requiring the blocking of websites that infringe copyright).

The environment etc

35 25Reduction of duties relating to energy and climate change

(1) In the Climate Change and Sustainable Energy Act 2006, omit the following—

(a) section 3 (which imposes a duty on local authorities to have regard to
energy measure reports published by the Secretary of State);

(b) sections 4 and 5 (which confer functions on the Secretary of State with
30respect to the setting of national targets for microgeneration etc);

(c) sections 7(1) to (6) and 8 (which confer functions on the Secretary of
State for the purpose of increasing the sale of electricity generated by
microgeneration);

(d) section 10 (which confers functions on the Secretary of State with
35respect to the review of development orders to facilitate the installation
in dwelling-houses of equipment etc for microgeneration);

(e) section 12 (which is spent);

(f) section 21 (which imposes a duty on the Secretary of State with respect
to promoting the use of heat produced from renewable sources).

(2) Section 14 of that Act (which confers functions on the Secretary of State and
Welsh Ministers with respect to the laying of reports before Parliament or (as
the case may be) the National Assembly for Wales about steps taken to secure
greater compliance with building regulations made for energy conservation
5related purposes etc) ceases to apply in relation to England.

(3) In consequence of subsection (1)—

(a) in the Taxation of Chargeable Gains Act 1992, in section 263AZA(2), for
the definition of “microgeneration system” substitute—

• “ “microgeneration system” means any plant (including
  10any equipment, apparatus or appliance) or system of
  plant for generating electricity or producing heat —

  (a)

  which, in generating electricity or (as the case
  may be) producing heat, relies wholly or mainly
  on a source of energy or a technology mentioned
  15in subsection (7) of section 82 of the Energy Act
  2004, and

  (b)

  whose capacity to generate electricity or (as the
  case may be) to produce heat does not exceed the
  capacity mentioned in subsection (8) of that
  20section,”;

(b) in the Income Tax (Trading and Other Income) Act 2005, in section
782A(2), for the definition of “microgeneration system” substitute—

• “ “microgeneration system” has the same meaning as in
  section 263AZA of the Taxation of Chargeable Gains Act
  251992.”

(4) In consequence of subsection (1)—

(a) in the Sustainable Energy Act 2003, omit section 1(1A)(bb);

(b) in the Climate Change Act 2008, omit section 81(3);

(c) in the Energy Act 2008, omit section 87(2).

(5) 30The repeal made by subsection (1)(c) does not affect the operation of section
33(1)(c) of the Utilities Act 2000 in relation to times after the repeal comes into
force; and, accordingly, modifications of standard conditions made under
section 7 of the Climate Change and Sustainable Energy Act 2006 before the
day on which the repeal comes into force continue to have effect on or after that
35day for the purposes of section 33(1) of that Act of 2000.

36 Household waste: de-criminalisation

(1) Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in
accordance with subsections (2) to (5).

(2) In section 46 (receptacles for household waste), in subsection (6) (offence of
40failing to comply with requirements relating to receptacles), after
“requirements imposed” insert “by a waste collection authority in Scotland or
Wales”.

(3) After section 46 insert—

“46A Written warnings and penalties for failure to comply with
45requirements relating to household waste receptacles: England

(1) This section applies where an authorised officer of a waste collection
authority in England is satisfied that—

(a) a person has failed without reasonable excuse to comply with a
requirement imposed by the authority under section 46(1),
(3)(c) or (d) or (4) (a “section 46 requirement”), and

(b) the person’s failure to comply—

(i) 5has 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 authorised officer may give a written
warning to the person.

(3) 10A written warning must—

(a) identify the section 46 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 to
15have, 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) 20whether or not the failure to comply is continuing, explain the
consequences of the person subsequently failing to comply with
the same or a similar section 46 requirement.

(4) Where a written warning has been given in respect of a failure to
comply that is continuing, an authorised officer of the waste collection
25authority may require the person to whom the written warning was
given to pay a fixed penalty to the authority if satisfied that the person
has failed to comply with the section 46 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 fixed penalty under
30subsection (4) and that requirement has not been withdrawn on appeal,
an authorised officer of the authority may require the person to pay a
further fixed penalty to the authority 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
35warning was given.

(6) For 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 46C(5) in respect of
the failure to comply that is continuing and ending with—

(i) 40where the person appeals against the requirement to
pay a fixed penalty imposed by the 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) 45where the person does not appeal, the day on which the
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
fixed penalty is withdrawn on appeal.

(7) Where a written warning has been given, whether or not in respect of a
failure to comply that is continuing, an authorised officer of the waste
collection authority may require the person to whom the written
warning was given to pay a fixed penalty to the authority if satisfied
5that, within the period of one year beginning with the day the written
warning was given —

(a) the person has again failed without reasonable excuse to
comply with the section 46 requirement identified in the
warning and the person’s failure to comply has had, or is or was
10likely to have, the effect described in subsection (1)(b), or

(b) the person has failed without reasonable excuse to comply with
a section 46 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) 15An authorised officer may require a person to pay a fixed penalty under
subsection (5) or (7) each time that the authorised officer is satisfied of
the matters mentioned in the subsection.

(9) An authorised officer imposing a requirement to pay a fixed penalty
under subsection (4), (5) or (7) must act in accordance with section 46C.

(10) 20A “fixed penalty” means a monetary penalty of an amount determined
in accordance with section 46B.

(11) An “authorised officer”, in relation to a waste collection authority,
means—

(a) an employee of the authority who is authorised in writing by
25the authority for the purpose of giving written warnings and
requiring payment of fixed penalties under this section;

(b) any person who, under arrangements made with the authority,
has the function of giving such warnings and requiring such
payments and is authorised in writing by the authority to
30perform that function;

(c) any employee of such a person who is authorised in writing by
the authority for the purpose of giving such warnings and
requiring such payments.

46B Amount of penalty under section 46A and recovery of penalty

(1) 35The amount of the monetary penalty that a person may be required to
pay to a waste collection authority under section 46A is—

(a) the amount specified by the waste collection authority in
relation to the authority’s area, or

(b) if no amount is so specified, £60.

(2) 40A waste collection authority may make provision for treating a fixed
penalty under section 46A as having been paid if a lesser amount is
paid before the end of a period specified by the authority.

(3) The Secretary of State may by regulations make provision in connection
with the powers conferred on waste collection authorities in England
45under subsections (1)(a) and (2).

(4) Regulations under subsection (3) may (in particular)—

(a) require an amount specified under subsection (1)(a) to fall
within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a
waste collection authority may make provision under
subsection (2).

(5) The Secretary of State may by order substitute a different amount for
5the amount for the time being specified in subsection (1)(b).

(6) A fixed penalty under section 46A—

(a) is recoverable summarily as a civil debt;

(b) is recoverable as if it were payable under an order of the High
Court or the county court, if the court in question so orders.

46C 10Penalties under section 46A: procedure regarding notices of intent and
final notices

(1) Before requiring a person to pay a fixed penalty under section 46A, an
authorised officer must serve on the person notice of intention to do so
(a “notice of intent”) in accordance with subsections (2) to (4).

(2) 15A notice of intent must contain information about—

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

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

(c) 20the right to make representations under subsection (3).

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

(4) Representations under subsection (3) must be made within the period
25of 28 days beginning with the day service of the notice of intent is
effected.

(5) In order to require a person to pay a fixed penalty under section 46A,
an authorised officer must serve on the person a further notice (the
“final notice”) in accordance with subsections (6) to (8).

(6) 30A final notice may not be served on a person by an authorised officer
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, an authorised officer must
consider any representations made by the person under subsection (3).

(8) 35The final notice must contain information about—

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

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment is required to be made (which
40must 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
virtue of section 46B(2),

(f) the right to appeal under section 46D, and

(g) 45the consequences of not paying the penalty.

46D Appeals against penalties under section 46A

(1) A person on whom a final notice is served under section 46C may
appeal to the First-tier Tribunal against the decision to require payment
of a fixed penalty.

(2) 5On an appeal under this section the First-tier Tribunal may withdraw
or confirm the requirement to pay the fixed penalty.

(3) The requirement to pay the fixed penalty is suspended pending the
determination or withdrawal of the appeal that is the final appeal made
by the person against the decision to require payment of the penalty.

10(This is subject to subsection (4).)

(This is subject to subsection (4).)

(4) Where the requirement to pay the fixed penalty is confirmed at any
stage in the proceedings on appeal, payment must be made before the
end of the period of 28 days beginning with the day on which the
15requirement is so confirmed unless the person makes a further appeal
before the end of that period.

(5) The reference in subsection (4) to the requirement to pay the fixed
penalty being confirmed on appeal includes a reference to an appeal
decision confirming the requirement to pay the fixed penalty being
20upheld on a further appeal.”

(4) In consequence of subsection (2), in section 47ZB(2)(b) (amount of fixed
penalty for offence)—

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

(b) in sub-paragraph (ii), omit “in any other case,”.

(5) 25In section 73A (use of fixed penalty receipts), in subsection (2) (power for waste
collection authority to use fixed penalty receipts for purposes of its functions
under Part 2 and other functions specified in regulations), after “34A” insert “,
46A”.

(6) Schedule 11 makes amendments to the London Local Authorities Act 2007 that
30correspond to those made by subsection (3).

37 Other measures relating to animals, food and the environment

Schedule 12 makes provision about the following matters—

(a) destructive imported animals;

(b) the Farriers Registration Council;

(c) 35joint waste authorities;

(d) air quality assessments;

(e) noise abatement zones.

Regulation of child trust funds

38 Management of child trust funds: looked after children

(1) 40The Child Trust Funds Act 2004 is amended as follows.

(2) In section 3 (requirements to be satisfied in relation to child trust funds), in
subsection (10) (which provides for the making of regulations authorising the
Official Solicitor or, in Scotland, the Accountant of Court to manage child trust