Deregulation Bill (HC Bill 191)

(a) specify which of paragraphs (a) to (d) of subsection (7) (if any)
are to apply;

(b) provide that any such paragraph is to apply only in
circumstances specified in the rules.

(7ZB) 5Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”

56 Criminal procedure: powers to make Criminal Procedure Rules

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—

(a) 10in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b) omit subsection (6A).

(2) In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
15and issue of warrants in respect of excluded or special procedure material)—

(a) omit paragraphs 7 to 10 (which deal with the procedure for applications
for production orders);

(b) after paragraph 15 insert—

“Procedural rules

15A 20Criminal Procedure Rules may make provision about
proceedings under this Schedule.”

(4) In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue
of warrants in respect of obtaining information in terrorist investigations:
England and Wales and Northern Ireland), in paragraph 11 (which deals with
25the issue of warrants in respect of excluded or special procedure material),
after sub-paragraph (4) insert—

“(5) Criminal Procedure Rules may make provision about proceedings
relating to a warrant under this paragraph.”

(5) In the Criminal Justice and Police Act 2001, in section 59 (applications for the
30return of seized property etc), after subsection (12) insert—

“(13) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge of the Crown Court in
England and Wales.”

(6) In the Proceeds of Crime Act 2002, in section 352 (applications for search and
35seizure warrants), after subsection (7) insert—

“(8) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge entitled to exercise the
jurisdiction of the Crown Court in England and Wales.”

57 “MAPPA arrangements” to cease to apply to certain offenders

(1) 40Section 327 of the Criminal Justice Act 2003 (which makes provision about the
offenders in respect of whom multi-agency public protection arrangements -

sometimes referred to as “MAPPA arrangements” - must be made) is amended
as follows.

(2) In subsection (1), for “subsections (2) to (5)” substitute “subsections (2) to (4)”.

(3) In subsection (3), in paragraph (a), after “Schedule 15” insert “or in subsection
5(4A) below”.

(4) In subsection (4), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.

(5) After subsection (4) insert—

“(4A) The offences specified in this subsection are—

(a) 10an offence under section 1 of the Child Abduction Act 1984
(abduction of child by parent);

(b) an offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation), where the offence is committed against a child;

(c) 15an offence under section 4(3) of the Misuse of Drugs Act 1971
where the offence is committed by—

(i) supplying or offering to supply a Class A drug to a
child,

(ii) being concerned in the supplying of such a drug to a
20child, or

(iii) being concerned in the making to a child of an offer to
supply such a drug;

(d) an offence of aiding, abetting, counselling, procuring or inciting
the commission of an offence specified in this subsection;

(e) 25an offence of conspiring to commit an offence so specified;

(f) an offence of attempting to commit an offence so specified.”

(6) Omit subsection (5).

(7) In subsection (6), after “In this section” insert “—

• child” means a person under 18;”.

58 30Removal of requirement that prison closures be made by order

(1) The Prison Act 1952 is amended as follows.

(2) In section 37 (closing of prisons)—

(a) in subsection (1)—

(i) omit “Subject to the next following subsection,”;

(ii) 35omit “by order”;

(b) omit subsections (2) and (3).

(3) In section 43 (remand centres and young offender institutions)—

(a) in subsection (5), for “sections 28 and 37(2)” substitute “section 28”;

(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “and 28”.

(4) 40In section 52 (exercise of power to make orders, rules and regulations)—

(a) in subsection (1), omit “, 37”;

(b) in subsection (2), omit “or an order made under section thirty-seven of
this Act,”.

Other measures to reduce burdens on public authorities

59 London street trading appeals: removal of role of Secretary of State in appeals

(1) The London Local Authorities Act 1990 is amended in accordance with
subsections (2) and (3).

(2) 5After section 30 insert—

“30A Other Part III appeals

(1) Any person aggrieved—

(a) by a resolution rescinding or varying a designating resolution;

(b) by a resolution under subsection (1)(b) of section 24
10(Designation of licence streets) of this Act;

(c) by a standard condition prescribed by regulations under
subsection (3) of section 27 (Conditions of street trading
licences) of this Act; or

(d) by the amount of a fee or charge under section 32 (Fees and
15charges) of this Act;

may appeal to a magistrates’ court acting for the area of the borough
council which passed the resolution, prescribed the condition or
determined the amount of the fee or charge (as the case may be).

(2) An appeal under subsection (1) may be brought—

(a) 20in the case of an appeal under paragraph (a) or (b) of that
subsection, at any time before the expiration of the period of
three months beginning with the date on which notice of the
passing of the resolution is published for the second time in
accordance with subsection (10) of section 24 (Designation of
25licence streets) of this Act;

(b) in the case of an appeal under paragraph (c) of that subsection,
at any time before the expiration of the period of three months
beginning with the date upon which the licence holders or a
body or bodies representative of them were notified of the
30making of the regulations;

(c) in the case of an appeal under paragraph (d) of that
subsection—

(i) if it relates to the amount of a fee payable under
subsection (1) of section 32 (Fees and charges) of this
35Act, at any time before the expiration of the period of
three months beginning with the date on which the fee
payable is notified to the licence holders or a body or
bodies representative of them;

(ii) if it relates to the amount of a charge under subsection
40(2) of section 32 (Fees and charges) of this Act, at any
time before the expiration of the period of three months
beginning with the date on which notice of the
determination of the charge has been given to the licence
holders or a body or bodies representative of them.

(3) 45A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the borough council specifying
the matter about which the person is aggrieved and the grounds upon
which the appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(3) In section 30—

(a) omit subsections (11) and (12);

(b) 5in the sidenote, after “Part III appeals” insert “: refusal to grant a licence
etc.”.

(4) Section 19 of the City of Westminster Act 1999 is amended as follows.

(5) In subsection (1), for the words from “the Secretary of State” to the end of the
subsection substitute “a magistrates’ court acting for the area of the council”.

(6) 10After subsection (2) insert—

“(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the council specifying the matter
about which the person is aggrieved and the grounds upon which the
appeal is made.

(4) 15On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(7) For the sidenote substitute “Appeals to a magistrates’ court”.

60 Gangmasters (Licensing) Act 2004: enforcement

In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and
20compliance officers) after subsection (6) insert—

“(7) This section does not prevent the Secretary of State from making
arrangements for ensuring that functions relating to the institution or
conduct of proceedings in England and Wales for an offence under this
Act are carried out by the Director of Public Prosecutions and,
25accordingly, the terms of appointments under subsection (1), or
arrangements under subsection (2), may include provision, or be
modified so as to include provision, for enforcement officers not to
carry out such functions at any time when they are being carried out by
the Director.”

61 30Reduction in regulation of providers of social work services

(1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act
to apply to a provider of social work services as it applies to an agency to which
that Act applies).

(2) In consequence of subsection (1)—

(a) 35in that Act, omit—

(i) section 5(1A)(f), and the “and” before it;

(ii) section 121(4A);

(b) in the Children and Young Persons Act 2008, omit section 4.

62 Access to registers kept by Gas and Electricity Markets Authority

(1) 40Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas
supply) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(3) For subsection (4) substitute—

“(4) The contents of the register must be shown on the Authority’s website.”

(4) 5In consequence of the amendment made by subsection (3) of this section, in
subsection (5), for “so made” substitute “made by the Secretary of State”.

(5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that
Act: electricity supply) is amended in accordance with subsections (6) to (8).

(6) In subsection (1) (duty on Authority to maintain register), omit “at such
10premises and”.

(7) For subsection (5) substitute—

“(5) The contents of the register must be shown on the Authority’s website.”

(8) In consequence of the amendment made by subsection (7) of this section, in
subsection (6), for “so made” substitute “made by the Secretary of State”.

63 15Repeal of duty to prepare sustainable community strategy

(1) In the Local Government Act 2000, omit section 4 (which requires local
authorities in England to prepare sustainable community strategies).

(2) In consequence of subsection (1), omit the following provisions—

(a) in that Act of 2000, section 4A;

(b) 20in the Planning and Compulsory Purchase Act 2004, section 19(2)(f)
and (g) and (7);

(c) in the Sustainable Communities Act 2007, section 7;

(d) in the Local Government and Public Involvement in Health Act 2007,
sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;

(e) 25in the Housing and Regeneration Act 2008, section 126;

(f) in the Child Poverty Act 2010, section 24;

(g) in the Equality Act 2010, section 1(4) and (5);

(h) in the Local Government (Wales) Measure 2009, in Schedule 2,
paragraph 3.

64 30Repeal of duties relating to local area agreements

(1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in
Health Act 2007—

(a) omit sections 105 to 113 (which impose duties on local authorities in
England to make local area agreements specifying local improvement
35targets if so directed by the Secretary of State);

(b) in section 117—

(i) omit the definitions of “designated target”, “local area
agreement”, “local improvement target” and “revision
proposal”;

(ii) 40in the definition of “responsible local authority” omit the words
from “and “the responsible local authority”, in relation to a local
area agreement” to the end of the definition;

(c) omit section 118(1) and (2) (which make transitional provision in
relation to local area agreements).

(2) In consequence of subsection (1), in the heading of the Chapter, omit “Local
Area Agreements and”.

65 5Repeal of provisions relating to multi-area agreements

(1) Omit Part 7 of the Local Democracy, Economic Development and Construction
Act 2009 (which makes provision for the approval by the Secretary of State of
multi-area agreements prepared by local authorities in England and for the
effect of such approval etc).

(2) 10In consequence of subsection (1)—

(a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 377;

(b) in the Education Act 2011, in Schedule 16, omit paragraph 45;

(c) in the Health and Social Care Act 2012, in Schedule 5, omit paragraph
15172.

66 Repeal of duties relating to consultation or involvement

(1) In the Local Government Act 1999, omit section 3A (which makes provision for
best value authorities to involve local representatives in the exercise of their
functions).

(2) 20In consequence of subsection (1)—

(a) in the Local Government and Public Involvement in Health Act 2007,
omit section 138;

(b) in the Local Government Act 1999, omit “3A,”;

(c) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
25omit paragraph 243.

(3) Schedule 17 makes provision for disapplying certain other requirements about
consultation etc imposed on public bodies.

Legislative reform

67 Power to spell out dates described in legislation

(1) 30A Minister of the Crown may by order made by statutory instrument—

(a) replace a reference in legislation to the commencement of a provision
with a reference to the actual date on which the provision comes into
force;

(b) replace a reference in legislation to the date on which any other event
35occurs with a reference to the actual date on which that event occurs.

(2) An order under subsection (1) may amend the legislation to include an
explanation of the date and may make other consequential amendments to
legislation.

(3) An order under this section may not amend subordinate legislation made by
40the Welsh Ministers.

(4) An order under this section may not amend provision that would be within the
legislative competence of the Scottish Parliament if it were contained in an Act
of that Parliament.

(5) An order under this section may not amend provision that would be within the
5legislative competence of the Northern Ireland Assembly if it were contained
in an Act of that Assembly, unless—

(a) a Bill for an Act of that Assembly containing the provision would
require the consent of the Secretary of State under section 8 of the
Northern Ireland Act 1998, and

(b) 10the provision does not affect, other than incidentally, a transferred
matter (within the meaning of that Act).

(6) In this section—

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• 15“legislation” means an Act or subordinate legislation;

• “subordinate legislation” has the same meaning as in the Interpretation
  Act 1978.

68 Ambulatory references to international shipping instruments

After section 306 of the Merchant Shipping Act 1995 insert—
20

“306A Power to make ambulatory references to international instruments

(1) This section applies where—

(a) a person has power under this Act to make subordinate
legislation, and

(b) 25the person proposes to exercise that power to make subordinate
legislation which refers to an international instrument.

(2) The power may be exercised so as to have the effect that the reference
to the instrument is construed—

(a) as a reference to the instrument as modified from time to time;

(b) 30if the instrument is replaced by another instrument, as a
reference to that other instrument.

(3) For the purposes of subsection (2)(a), an instrument is modified if—

(a) omissions, additions or other alterations to the text of the
instrument take effect, or

(b) 35supplementary provision made under the instrument takes
effect.

(4) In this section, provision included in subordinate legislation by virtue
of subsection (2) is referred to as ambulatory provision.

(5) Subordinate legislation which makes ambulatory provision may make
40provision as to—

(a) when a modification of an international instrument is to be
treated as taking effect for the purposes of subsection (2)(a)
(read with subsection (3));

(b) when an international instrument is to be treated as having been
replaced by another instrument for the purposes of subsection
(2)(b).

(6) In this section—

(a) 5“international instrument” means an international convention
or treaty or an instrument made under such a convention or
treaty except that “international instrument” does not include
an EU instrument;

(b) “subordinate legislation” has the same meaning as in the
10Interpretation Act 1978.”

Legislation no longer of practical use

69 Legislation no longer of practical use

Schedule 18 makes provision for legislation which is no longer of practical use
to cease to apply.

15Exercise of regulatory functions

70 Exercise of regulatory functions: economic growth

(1) A person exercising a regulatory function to which this section applies must,
in the exercise of the function, have regard to the desirability of promoting
economic growth.

(2) 20In performing the duty under subsection (1), the person must, in particular,
consider the importance for the promotion of economic growth of exercising
the regulatory function in a way which ensures that—

(a) regulatory action is taken only when it is needed, and

(b) any action taken is proportionate.

71 25Functions to which section 70 applies

(1) A Minister of the Crown may by order specify the regulatory functions to
which section 70 applies.

(2) Before making an order under subsection (1), the Minister must consult—

(a) any person exercising functions to be specified in the order, and

(b) 30such other persons as the Minister considers appropriate.

(3) An order under this section may not specify—

(a) a regulatory function so far as exercisable in Scotland, if or to the extent
that the function relates to matters which are not reserved matters;

(b) a regulatory function so far as exercisable in Northern Ireland, if or to
35the extent that the function relates to matters which are transferred
matters;

(c) a regulatory function so far as exercisable in Wales, if or to the extent
that the function relates to matters which are devolved Welsh matters.

(4) An order under this section must be made by statutory instrument.

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

(6) In this section—

• 5“devolved Welsh matter” means a matter within the legislative
  competence of the National Assembly for Wales;

• “reserved matter” and “Scotland” have the same meanings as in the
  Scotland Act 1998;

• “transferred matter” and “Northern Ireland” have the same meanings as
  10in the Northern Ireland Act 1998;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

72 Guidance on duty under section 70

(1) A Minister of the Crown may from time to time issue guidance as to the
performance of the duty under section 70(1).

(2) 15The guidance may include guidance—

(a) as to the ways in which regulatory functions may be exercised so as to
promote economic growth;

(b) as to how persons who have the duty may demonstrate, in a way that
is transparent and accountable, that they are complying with it.

(3) 20A person who has a duty under section 70(1) must have regard to any guidance
issued under subsection (1).

(4) Before issuing guidance under subsection (1), the Minister must prepare a draft
of the guidance.

(5) The Minister must then consult the following about the draft—

(a) 25persons who appear to be representative of persons who have a duty
under section 70;

(b) such other persons as the Minister considers appropriate.

(6) If the Minister decides to proceed with issuing the guidance (either in its
original form or with modifications), the Minister must lay the draft before
30Parliament.

(7) Where the draft is approved by a resolution of each House of Parliament, the
Minister may issue the guidance.

(8) Guidance issued under subsection (1) is to come into force on such date as the
Minister may by order made by statutory instrument appoint.

73 35Sections 70 to 72: interpretation

(1) In sections 70 to 72, “regulatory function” means—

(a) a function under or by virtue of an Act or subordinate legislation of
imposing requirements, restrictions or conditions, or setting standards
or giving guidance, in relation to an activity, or

(b) 40a function which relates to the securing of compliance with, or the
enforcement of, requirements, restrictions, conditions, standards or
guidance which, under or by virtue of an Act or subordinate legislation,
relate to an activity.

(2) In subsection (1)(a) and (b) the references to a function—

(a) include a function exercisable by or on behalf of the Crown;

(b) do not include—

(i) a function of instituting or conducting criminal proceedings;

(ii) 5a function of conducting civil proceedings.

(3) In subsection (1)(a) and (b) the references to an activity include—

(a) providing goods and services, and

(b) employing or offering employment to a person.

(4) In sections 71 and 72, “Minister of the Crown” has the same meaning as in the
10Ministers of the Crown Act 1975.

(5) In this section, “subordinate legislation” has the same meaning as in the
Interpretation Act 1978.

General

74 Consequential amendments, repeals and revocations

(1) 15The Secretary of State may by order made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of this
Act.

(2) An order under subsection (1)—

(a) may include transitional, transitory or saving provision;

(b) 20may repeal, revoke or otherwise amend or modify any provision of
primary or subordinate legislation (including legislation passed or
made in the same Session as this Act).

(3) A statutory instrument containing (whether alone or with other provision) an
order under this section which repeals, revokes or otherwise amends any
25provision of primary legislation is not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.

(4) A statutory instrument containing an order under this section which does not
repeal, revoke or otherwise amend any provision of primary legislation is
30subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) In this section—

• “primary legislation” means—

  (a)

  an Act;

  (b)

  35an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales;

  (d)

  Northern Ireland legislation;

• “subordinate legislation” means—

  (a)

  subordinate legislation within the meaning of the Interpretation
  40Act 1978;

  (b)

  an instrument made under an Act of the Scottish Parliament;

  (c)

  an instrument made under a Measure or Act of the National
  Assembly for Wales;

  (d)

  an instrument made under Northern Ireland legislation.