Previous Next

Contents page 1-18 19-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 Last page

Deregulation BillPage 30

funds) for the words from “is to be” to the end of the subsection substitute “is
to be a person appointed by the Treasury or by the Secretary of State.”

(3) In that section, after subsection (11) insert—

(11A) Regulations under subsection (10) may provide that, where the terms
5on which a person is appointed by the Treasury or by the Secretary of
State include provision for payment to the person, the payment must be
made by a government department specified in the regulations (instead
of by the person making the appointment).

(11B) Regulations may provide that, where a person authorised to manage a
10child trust fund by virtue of subsection (10) ceases to be so authorised,
the person must provide any information held by that person in
connection with the management of the fund to the person (if any) who
becomes authorised by virtue of that subsection to manage the trust
fund instead.

(4) 15In section 16 (information about children in care of authority), in subsection
(1)—

(a) at the end of paragraph (a) (before “, or”), insert “or by a person
appointed under regulations under section 3(10)”;

(b) in paragraph (b), before “any information” insert “or to such a person”;

(c) 20in the words following paragraph (b), before “may require” insert “or
(as the case may be) the person”.

39 Management of child trust funds: children 16 or over

(1) Section 3 of the Child Trust Funds Act 2004 (requirements to be satisfied) is
amended as follows.

(2) 25In subsection (6), for paragraphs (a) and (b) substitute—

(a) if the child is 16 or over and has elected to manage the child
trust fund, is the child;

(b) in any other case, is the person who has that authority by virtue
of subsection (7) (but subject to subsection (10)).

(3) 30In subsection (8), omit “under 16” (where it first occurs).

(4) In subsection (10), omit “under 16”.

40 Child trust funds: transfers

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

(2) After section 7 insert—

7A 35Transfers to other accounts for children

(1) Regulations may make provision requiring an account provider, at the
request of a person who has the authority to manage a child trust fund,
to—

(a) transfer all the investments under the fund, or an amount
40representing their value in cash, to a protected child account
that is provided by a person chosen by the person making the
request, and

Deregulation BillPage 31

(b) when all the investments have been transferred, close the child
trust fund.

(2) An account is a protected child account if—

(a) there is relief from income tax and capital gains tax in respect of
5investments under it,

(b) it may be held only by a child, and

(c) it satisfies any other conditions prescribed in regulations under
this section.

(3) After section 7A (as inserted by subsection (2)) insert—

7B 10Transfers on child reaching 18

(1) Regulations may make provision requiring an account provider to
transfer all the investments under a child trust fund held by a person
immediately before his or her 18th birthday to a protected account of a
description prescribed in the regulations.

(2) 15Regulations under subsection (1) must include provision that the
requirement does not apply if the person gives instructions, in
accordance with the regulations, to the account provider as to what is
to be done with the investments.

(3) An account is a protected account if—

(a) 20there is relief from income tax and capital gains tax in respect of
investments under it, and

(b) it satisfies any other conditions prescribed in regulations under
this section.

(4) In section 3 (requirements to be satisfied), in subsection (4)(d), after
25“regulations” insert “under this section or any other provision of this Act”.

(5) In section 20 (penalties), in subsection (7)(b), after “7” insert “, 7A, 7B”.

41 Child trust funds: safeguards for children’s interests

After section 7B of the Child Trust Funds Act 2004 (as inserted by section 40)
insert—

30Powers to safeguard interests of children

7C Powers to safeguard interests of children

(1) The Treasury may make regulations under this section if the Treasury
think it appropriate to do so for the purpose of safeguarding the
financial interests of children, or any group of children, who hold child
35trust funds.

(2) The regulations may authorise the Treasury to permit withdrawals
from—

(a) any child trust funds;

(b) any child trust funds held with an account provider that is
40prescribed, or of a description prescribed, in the regulations.

(3) The regulations may authorise the Treasury to require any account
provider or any account provider that is prescribed, or of a description

Deregulation BillPage 32

prescribed, in the regulations to take one or more of the following steps
in relation to every child trust fund held with it—

(a) to seek to transfer the fund to another account provider;

(b) to seek to transfer all the investments under the fund to a
5protected child account that can be used for investments of that
kind and is provided by a person chosen by the account
provider;

(c) to seek to transfer an amount in cash representing the value of
all the investments under the fund (whether consisting of cash
10or stocks and shares) to a protected child account that can be
used for investments in cash and is provided by a person chosen
by the account provider;

(d) to transfer an amount in cash representing the value of all the
investments under the fund (whether consisting of cash or
15stocks and shares) to a protected child account that can be used
for investments in cash and is provided by a person specified by
the Treasury.

(4) The regulations may provide—

(a) that child trust funds held with an account provider that is
20prescribed, or of a description prescribed, in the regulations are
to be treated for all purposes as if they were protected child
accounts of a description so prescribed;

(b) that, where child trust funds are (under the regulations) to be
treated as protected child accounts of a particular description,
25the account provider is to be treated, for such purposes as may
be prescribed in the regulations, as a person who lawfully
provides protected child accounts of that description.

(5) If the regulations authorise the Treasury to require that one or more of
the steps mentioned in subsection (3)(b) to (d) be taken, the regulations
30may also authorise the Treasury to require an account provider who, in
pursuance of such a requirement, transfers all the investments under a
child trust fund, or an amount representing the value of all the
investments, to close the child trust fund.

(6) If the regulations authorise the Treasury to require an account provider
35to take more than one of the steps mentioned in subsection (3), the
regulations must also—

(a) authorise the Treasury to specify the order in which the steps
are to be taken, and

(b) provide that if (as a result of complying with a requirement to
40take a particular step) an account holder no longer holds
investments under any child trust fund, any requirement
imposed on that provider to take another step lapses.

(7) The Treasury is not liable in respect of —

(a) the selection by an account provider of a person to whom to
45make a transfer in response to a requirement of a kind
mentioned in subsection (3)(a) to (c), or

(b) a decision made by it as to the person to be specified in a
requirement of a kind mentioned in subsection (3)(d).

(8) In this section, “protected child account” means an account which is a
50protected child account for the purposes of section 7A.

Deregulation BillPage 33

Education and training

42 Abolition of office of Chief Executive of Skills Funding

(1) The office of the Chief Executive of Skills Funding (established by Part 4 of the
Apprenticeships, Skills, Children and Learning Act 2009) is abolished.

(2) 5The property, rights and liabilities of the Chief Executive of Skills Funding are
transferred to the Secretary of State.

(3) Schedule 13 makes amendments to Part 4 of the Apprenticeships, Skills,
Children and Learning Act 2009 in consequence of the abolition of the office of
the Chief Executive of Skills Funding.

43 10Further and higher education sectors: reduction of burdens

Schedule 14 makes provision for the reduction of burdens in the further and
higher education sectors.

44 Schools: reduction of burdens

(1) Section 19 of the Education Act 1997 (which confers power on the Secretary of
15State and Welsh Ministers to make regulations requiring governing bodies of
maintained schools to set school performance targets) ceases to have effect in
relation to schools in England.

(2) Accordingly, in subsection (1) of that section—

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

(b) 20for “the Secretary of State considers” substitute “the Welsh Ministers
consider”;

(c) after “maintained schools” insert “in Wales”.

(3) Omit section 102 of the Education Act 2005 (which confers power on the
Secretary of State to make regulations requiring local authorities in England to
25set annual targets in respect of educational performance at schools maintained
by them etc).

(4) In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.

(5) Schedule 15 makes further provision for the reduction of burdens relating to
schools in England.

30Alcohol and entertainment

45 Temporary event notices: increase in maximum number of events per year

(1) In section 107 of the Licensing Act 2003 (counter notice where permitted limits
exceeded), in subsection (4) (maximum number of events per year), for “12”
substitute “15”.

(2) 35The amendment made by this section has effect for the year 2016 and
subsequent years.

Deregulation BillPage 34

46 Personal licences: no requirement to renew

(1) In section 115 of the Licensing Act 2003 (period of validity of personal licence),
in subsection (1), for the words after “A personal licence” substitute “has effect
indefinitely.”

(2) 5The amendment made by subsection (1), and the consequential amendments
made by Schedule 16, apply in relation to—

(a) a personal licence granted under section 120 of the Licensing Act 2003
on or after the day on which this section comes into force;

(b) a personal licence granted under section 120 of that Act before that day,
10or renewed under section 121 of that Act before that day, for a period
expiring on or after that day.

(3) Accordingly, any term in a personal licence granted as mentioned in
subsection (2)(b) which provides for it to have effect only for a particular
period has no effect on or after the day on which this section comes into force.

47 15Sale of liqueur confectionery to children under 16: abolition of offence

Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children
under 16) is repealed.

48 Late night refreshment

(1) Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is
20amended as follows.

(2) In paragraph 1(1) (definition of “provides late night refreshment”), in the
words after paragraph (b), after “paragraph” insert “2A,”.

(3) After paragraph 2 insert—

Exempt supplies: designated areas, descriptions of premises and times

2A (1) 25The supply of hot food or hot drink is an exempt supply for the
purposes of paragraph 1(1) if it takes place—

(a) on or from premises which are wholly situated in an area
designated by the relevant licensing authority;

(b) on or from premises which are of a description designated by
30the relevant licensing authority; or

(c) during a period (beginning no earlier than 11.00 p.m. and
ending no later than 5.00 a.m.) designated by the relevant
licensing authority.

(2) A licensing authority may designate a description of premises under
35sub-paragraph (1)(b) only if the description is one that is prescribed
by regulations.

(3) A designation under sub-paragraph (1) may be varied or revoked by
the licensing authority that made it.

(4) A licensing authority that makes, varies or revokes a designation
40under sub-paragraph (1) must publish the designation, variation or
revocation.

Deregulation BillPage 35

(5) In sub-paragraph (1) references to the “relevant licensing authority”,
in relation to a supply of hot food or hot drink, are references to—

(a) the licensing authority in whose area the premises on or from
which the food or drink is supplied are situated, or

(b) 5where those premises are situated in the areas of two or more
licensing authorities, any of those authorities.

49 Removal of requirement to report loss or theft of licence etc to police

In the Licensing Act 2003, omit the following provisions (which impose
requirements for the loss or theft of certain documents to be reported to the
10police before copies may be issued)—

(a) in section 25 (premises licence or summary), subsection (3)(b), and the
“and” before it;

(b) in section 79 (club premises certificate or summary), subsection (3)(b),
and the “and” before it;

(c) 15in section 110 (temporary event notice), subsection (4)(b), and the “and”
before it;

(d) in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and
the “and” before it.

50 Exhibition of films in community premises

20In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
in Part 2 (exemptions), after paragraph 6 insert—

(1) The provision of entertainment consisting of the exhibition of a film
at community premises is not to be regarded as the provision of
regulated entertainment for the purposes of this Act if the following
25conditions are satisfied.

(2) The first condition is that prior written consent for the entertainment
to take place at the community premises has been obtained, by or on
behalf of a person concerned in the organisation or management of
the entertainment—

(a) 30from the management committee of the community
premises, or

(b) where there is no management committee, from—

(i) a person who has control of the community premises
(as occupier or otherwise) in connection with the
35carrying on by that person of a trade, business or
other undertaking (for profit or not), or

(ii) where there is no such person, an owner of the
community premises.

(3) The second condition is that the entertainment is not provided with
40a view to profit.

(4) The third condition is that the entertainment takes place in the
presence of an audience of no more than 500 persons.

Deregulation BillPage 36

(5) The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.

(6) The fifth condition is that the film classification body or the relevant
licensing authority has made a recommendation concerning the
5admission of children to an exhibition of the film and—

(a) where a recommendation has been made only by the film
classification body, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that body;

(b) 10where a recommendation has been made only by the relevant
licensing authority, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that authority;

(c) where recommendations have been made both by the film
15classification body and the relevant licensing authority, the
admission of children is subject to such restrictions (if any) as
are necessary to comply with the recommendation of the
relevant licensing authority.

(7) In sub-paragraph (6) the reference to the “relevant licensing
20authority”, in relation to the exhibition of a film at particular
community premises, is a reference to—

(a) the licensing authority in whose area the premises are
situated, or

(b) where the premises are situated in the areas of two or more
25licensing authorities, those authorities or (as the context
requires) such of those authorities as have made a
recommendation.

(8) In this paragraph—

51 TV licensing: duty to review sanctions

(1) The Secretary of State must carry out a review of the sanctions that are
40appropriate in respect of contraventions of section 363 of the Communications
Act 2003 (licence required for installation or use of television recording).

(2) A review under subsection (1) must—

(a) examine proposals for decriminalisation of offences under section 363
of the Communications Act 2003;

(b) 45begin before the end of a period of 3 months from the day on which this
Act is passed;

(c) be completed no later than 12 months after the day on which it begins;
and

Deregulation BillPage 37

(d) be laid before both Houses of Parliament by the Secretary of State on
completion and be presented to the BBC Trust.

52 TV licensing: alternatives to criminal sanctions

(1) The Secretary of State may by regulations made by statutory instrument—

(a) 5replace the TV licensing offences with civil monetary penalties payable
to the BBC, or

(b) amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so
as to enable an order to be made under section 36 of that Act conferring
power on the BBC to impose in relation to a TV licensing offence—

(i) 10a fixed monetary penalty (within the meaning of that Part);

(ii) a variable monetary penalty (within the meaning of that Part).

(2) Regulations under subsection (1)(a) may provide for the amount of a monetary
penalty to be a fixed amount specified in, or determined in accordance with,
the regulations.

(3) 15Regulations under subsection (1)(a) must—

(a) make provision as to the steps that must be taken before a monetary
penalty is imposed;

(b) make provision conferring rights to appeal against the imposition of a
monetary penalty.

(4) 20Regulations under subsection (1)(a) may make provision corresponding to any
provision that could be included in an order under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early
payment discounts, late payment and enforcement).

(5) Regulations under subsection (1)(a) may—

(a) 25confer powers to obtain information for the purpose of determining
whether to impose a monetary penalty;

(b) confer powers of entry, search or seizure for that purpose.

(6) Regulations under subsection (1)(a) may repeal or otherwise amend any
provision of Part 4 of the Communications Act 2003.

(7) 30Any sums received by the BBC by virtue of regulations under this section must
be paid into the Consolidated Fund.

(8) Regulations under this section may include—

(a) consequential provision, or

(b) transitional, transitory or saving provision,

35and any such provision may be made by repealing, revoking or otherwise
amending or modifying legislation.

(9) Regulations under this section may make different provision for different
purposes or areas.

(10) A statutory instrument containing regulations under this section may not be
40made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.

(11) Unless the power conferred by subsection (1) is exercised before the end of the
period of 24 months beginning with the day on which the review required by
section 51 is completed, this section expires at the end of that period.

Deregulation BillPage 38

(12) “The TV licensing offences” are—

(a) the offence under section 363(2) of the Communications Act 2003
(installing or using a television receiver without a licence), and

(b) the offence under section 363(3) of that Act (having a receiver in a
5person’s possession intending to install or use it without a licence etc).

(13) In this section—

Administration of justice

53 Repeal of Senior President of Tribunals’ duty to report on standards

In section 15A of the Social Security Act 1998 (functions of Senior President of
20Tribunals), omit subsections (2) and (3) (which require the preparation and
publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
First-tier Tribunal).

54 Criminal procedure: written witness statements

(1) 25Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for
“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.

(3) 30After subsection (2) insert—

(2A) For the purposes of subsection (2)(d), “the relevant period” is—

(a) such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) 35if no such number is prescribed, seven days from the service of
the copy of the statement.

(2A)(a)such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) 40if no such number is prescribed, seven days from the service of
the copy of the statement.

(4) Omit the following—

(a) subsections (3) and (3A) (which make provision about the content of
written statements etc);

(b) 45subsection (6) (which provides for written statements to be read aloud
unless the court otherwise directs);

(c) subsection (8) (which deals with the service of documents).

Deregulation BillPage 39

(5) In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

(2A) The statement is to be treated as properly served for the
5purposes of section 9 of the Criminal Justice Act 1967 (proof
by written statement), even though the manner of service is
not authorised by Criminal Procedure Rules.;

(b) in sub-paragraph (3)—

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

(ii) 10in the closing words, for “either of those sections” substitute
“that section”;

(c) after sub-paragraph (5) insert—

(5A) If the alleged offender makes a request to be tried, section
9(2A) of the Criminal Justice Act 1967 (time for objection) is
15to apply—

(a) with the substitution for the reference in paragraph
(a) to such number of days, which may not be less
than seven, from the service of the copy of the
statement of a reference to such number of days,
20which may not be less than seven, beginning with the
day after the one on which the request to be tried was
made, and

(b) with the substitution for the reference in paragraph
(b) to seven days from the service of the copy of the
25statement of a reference to seven days beginning with
the day after the one on which the request to be tried
was made.;

(d) in sub-paragraph (6)—

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

(ii) 30in the closing words, for “are to apply” substitute “is to apply”.

(6) In consequence of subsection (4)—

(a) in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
(b)”;

(b) 35in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;

(c) in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
paragraph 6(1);

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

55 40Criminal procedure: written guilty pleas

(1) Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
plea of guilty) is amended as follows.

(2) In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.

(3) 45After subsection (7) insert—

(7ZA) Rules of court may—

Previous Next

Contents page 1-18 19-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 Last page