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| |
| |
|
| | (b) | the Part 5A notice takes effect on that day, and |
|
| | (c) | the relevant licensing authority must as soon as possible notify |
|
| | the person who gave the Part 5A notice of the date on which |
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| | |
| | Rights of entry, production of notice, etc |
|
| | 110L | Right of entry where Part 5A notice given |
|
| | (1) | A constable or an authorised officer may, at any reasonable time, enter |
|
| | premises to which a Part 5A notice relates to assess the likely effect of |
|
| | the notice on the promotion of the crime prevention objective. |
|
| | (2) | An authorised officer exercising the power conferred by this section |
|
| | must, if so requested, produce evidence of the officer’s authority to |
|
| | |
| | (3) | It is an offence intentionally to obstruct an authorised officer |
|
| | exercising a power conferred by this section. |
|
| | (4) | A person guilty of an offence under this section is liable on summary |
|
| | conviction to a fine not exceeding level 2 on the standard scale. |
|
| | (5) | In this section “authorised officer” means— |
|
| | (a) | an officer of the licensing authority in whose area the |
|
| | premises are situated, or |
|
| | (b) | if the premises are situated in the area of more than one |
|
| | licensing authority, an officer of any of those authorities, |
|
| | | authorised for the purposes of this Act. |
|
| | 110M | Duty to keep and produce Part 5A notice |
|
| | (1) | This section applies whenever premises are being used for sales of |
|
| | alcohol which are, or are purported to be, permitted sales by virtue of |
|
| | |
| | (2) | The person who gave the Part 5A notice must secure that a copy of the |
|
| | |
| | (a) | prominently displayed at the premises, or |
|
| | (b) | kept at the premises in the custody of that person or of |
|
| | someone who is present and working at the premises and |
|
| | whom that person has nominated for the purposes of this |
|
| | section (a “nominated person”). |
|
| | (3) | Where a copy of the Part 5A notice is kept in the custody of a |
|
| | nominated person (and not prominently displayed at the premises) the |
|
| | person who gave the Part 5A notice must secure that a notice— |
|
| | (a) | stating that the Part 5A notice is in the nominated person’s |
|
| | |
| | (b) | specifying the position held at the premises by the nominated |
|
| | |
| | | is prominently displayed at the premises. |
|
| | (4) | It is an offence for the person who gave the Part 5A notice to fail, |
|
| | without reasonable excuse, to comply with subsection (2) or (where it |
|
| | |
|
|
| |
| |
|
| | |
| | (a) | a copy of the Part 5A notice is not prominently displayed at |
|
| | |
| | (b) | no notice is displayed as mentioned in subsection (3), |
|
| | | a constable or authorised officer may require the person who gave the |
|
| | Part 5A notice to produce a copy of it for examination. |
|
| | (6) | Where a notice is displayed as mentioned in subsection (3), a |
|
| | constable or authorised officer may require the nominated person to |
|
| | produce a copy of the Part 5A notice for examination. |
|
| | (7) | An authorised officer exercising the power conferred by subsection (5) |
|
| | or (6) must, if so requested, produce evidence of the officer’s authority |
|
| | |
| | (8) | It is an offence for a person to fail, without reasonable excuse, to |
|
| | produce a copy of a Part 5A notice in accordance with a requirement |
|
| | under subsection (5) or (6). |
|
| | (9) | A person guilty of an offence under this section is liable on summary |
|
| | conviction to a fine not exceeding level 2 on the standard scale. |
|
| | (10) | In this section “authorised officer” has the meaning given in section |
|
| | |
| | |
| | 110N | The relevant licensing authority |
|
| | (1) | For the purposes of this Part, the “relevant licensing authority”, in |
|
| | relation to any premises, is determined in accordance with this section. |
|
| | (2) | In the case of a Part 5A notice that specifies the ancillary business |
|
| | sales conditions or in the case of Part 5A notice that specifies the |
|
| | community event conditions in relation to only one set of premises, the |
|
| | relevant licensing authority is, subject to subsection (3), the authority |
|
| | in whose area the premises are situated. |
|
| | (3) | Where the premises are situated in the areas of two or more licensing |
|
| | authorities, the relevant licensing authority is— |
|
| | (a) | the licensing authority in whose area the greater or greatest |
|
| | part of the premises is situated, or |
|
| | (b) | if there is no authority to which paragraph (a) applies, such |
|
| | one of the authorities as the person giving the Part 5A notice |
|
| | |
| | (4) | In the case of a Part 5A notice that specifies the community event |
|
| | conditions in relation to more than one set of premises, the relevant |
|
| | |
| | (a) | if there is only one licensing authority in whose area each set |
|
| | of premises is wholly or partly situated, that licensing |
|
| | |
|
|
| |
| |
|
| | (b) | if each set of premises falls partly in the area of one authority |
|
| | and also partly in the area of another, such one of them as the |
|
| | person giving the Part 5A notice may choose.”’. |
|
| | Member’s explanatory statement
|
|
| | This amendment inserts the new Part 5A of the Licensing Act 2003 (see the explanatory statement |
|
| | |
| |
| |
| |
| | |
| Schedule 18, page 157, line 11, at end insert— |
|
| | ‘Mining Industry Act 1920 (c. 50) |
|
| | 3A | The Mining Industry Act 1920 is repealed. |
|
| | 3B | In consequence of paragraph 3A, in Schedule 4 to the Mines and Quarries Act |
|
| | 1954, omit the entry for the Mining Industry Act 1920. |
|
| | Mining Industry Act 1926 (c. 28) |
|
| | 3C (1) | In the Mining Industry Act 1926, omit section 20 (which confers power on |
|
| | coal-mining companies to establish profit sharing schemes irrespective of the |
|
| | terms of their articles of association). |
|
| | (2) | The repeal made by sub-paragraph (1) is to have no effect in relation to any |
|
| | scheme still in existence that was established, and is being carried on, in |
|
| | reliance on the power conferred by section 20 of the Mining Industry Act |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment repeals administrative arrangements in the Mining Industry Act 1920 which are |
|
| | no longer needed in relation to the mining industries today, and an unnecessary provision |
|
| | permitting profit-sharing by coal mining companies in the Mining Industry Act 1926. The repeals |
|
| | do not affect mining rights. |
|
| |
| |
| | |
| Schedule 18, page 159, line 32, at end insert— |
|
| | ‘Merchant Shipping Act 1988 (c. 12) |
|
| | | The Merchant Shipping Act 1988 is repealed.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment repeals the Merchant Shipping Act 1988 in the United Kingdom. The only |
|
| | operative provision is section 37. Section 37 provides for the disapplication of the requirements of |
|
| | section 34 of the Coast Protection Act 1949, which has been repealed. |
|
| |
| |
| | |
| Schedule 18, page 162, line 2, at end insert— |
|
|
|
| |
| |
|
| | | ‘The Milk (Cessation of Production) (Northern Ireland) Order 1985 (S.I. 1985/ |
|
| | 958 (N.I. 9)) is revoked.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment revokes the Milk (Cessation of Production) (Northern Ireland) Order 1985. All |
|
| | schemes made under this Order were revoked in 2007, and it is not intended to make any further |
|
| | schemes under it. The underlying European milk quota system is intended to cease with effect from |
|
| | |
| |
| |
| |
| |
| |
| | |
| Schedule 18, page 162, line 22, at end insert— |
|
| | |
| | |
| | Defamation Act 1996 (c.31) |
|
| | 34A | Omit section 13 of the Defamation Act 1996 (which allows an individual |
|
| | litigant in defamation cases to waive the ban in Article IX of the Bill of Rights |
|
| | on proceedings in Parliament being impeached or questioned in court).’. |
|
| | Member’s explanatory statement
|
|
| | The Joint Committees on Parliamentary Privilege in 1999 and 2013 both recommended the repeal |
|
| | of this hardly-used provision. |
|
| |
| |
| | |
| Schedule 18, page 163, line 12, at end insert— |
|
| | |
| | |
| | |
| | 36 (1) | Paragraph 3 of Schedule 18 to the Housing Act 1988 (saving provision in |
|
| | respect of repeal of sections 56 to 58 of the Housing Act 1980) ceases to have |
|
| | effect in relation to tenancies of dwelling-houses in England. |
|
| | (2) | Accordingly, in that paragraph of that Schedule, after “tenancy” insert “of a |
|
| | dwelling-house in Wales”.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment provides that the saving provision in paragraph 3 of Schedule 18 to the Housing |
|
| | Act 1988 ceases to have effect in relation to tenancies of dwelling-houses in England (and so will |
|
| | continue only for Wales). This is because no assured tenancies under section 56 of the Housing Act |
|
| | 1980 remain in existence for England. |
|
| |
| | |
| Schedule 18, page 163, line 12, at end insert— |
|
|
|
| |
| |
|
| | |
| | |
| | Copyright Design and Patents Act 1988 |
|
| | 37 | The Copyright, Designs and Patents Act 1988 is amended as follows. |
|
| | 38 | Section 73 of the Copyright, Designs and Patents Act 1988 (Reception and re- |
|
| | transmission of wireless broadcast by cable) is revoked.’. |
|
| | Member’s explanatory statement
|
|
| | Section 73 was introduced in the 1980s to encourage cable roll-out as a competing platform to |
|
| | terrestrial (analogue) television. This has clearly now been achieved and cable is a highly-effective |
|
| | and well-resourced competitor to Sky and Freeview. |
|
| |
| New Clauses AND nEW sCHEDULES RELATING TO HEALTH AND SAFETY AT WORK |
|
| AND AMENDMENTS TO CLAUSE 1 |
|
| | Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland) |
|
| | Order 1990 (S.I. 1990/246) is amended in accordance with subsections (2) to (8). |
|
| | (2) | In paragraph (1), for “on a construction site” substitute “at a workplace”. |
|
| | (3) | In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “at |
|
| | |
| | (4) | In paragraph (5), in the opening words, for “on a construction site” substitute “at |
|
| | |
| | (5) | After paragraph (6) insert— |
|
| | “(6A) | This Article does not apply to a Sikh who— |
|
| | (a) | works, or is training to work, in an occupation that involves (to |
|
| | any extent) providing an urgent response to fire, riot or other |
|
| | hazardous situations, and |
|
| | |
| | (i) | to provide such a response in circumstances where the |
|
| | wearing of a safety helmet is necessary to protect the |
|
| | Sikh from a risk of injury, or |
|
| | (ii) | to receive training in how to provide such a response in |
|
| | circumstances of that kind. |
|
| | (6B) | This Article also does not apply to a Sikh who— |
|
| | (a) | is a member of Her Majesty’s forces or a person providing |
|
| | support to Her Majesty’s forces, and |
|
| | |
| | (i) | to take part in a military operation in circumstances |
|
| | where the wearing of a safety helmet is necessary to |
|
| | protect the Sikh from a risk of injury, or |
|
|
|
| |
| |
|
| | (ii) | to receive training in how to take part in such an |
|
| | operation in circumstances of that kind.” |
|
| | |
| | (a) | omit the definitions of “building operations”, “works of engineering |
|
| | construction” and “construction site”; |
|
| | (b) | before the definition of “injury”, insert— |
|
| | ““Her Majesty’s forces” has the same meaning as in the Armed |
|
| | |
| | |
| | ““workplace” means any premises where work is being undertaken, |
|
| | including premises occupied or normally occupied as a private |
|
| | dwelling; and “premises” includes any place and, in particular, |
|
| | |
| | (e) | any vehicle, vessel, aircraft or hovercraft, |
|
| | (f) | any installation (including a floating installation or one |
|
| | resting on the seabed or its subsoil or on other land |
|
| | covered with water or its subsoil), and |
|
| | (g) | any tent or moveable structure.” |
|
| | (7) | In paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “at |
|
| | |
| | (8) | In the heading, for “on construction sites” substitute “at workplaces”. |
|
| | (9) | Article 13A of that Order (protection of Sikhs from racial discrimination in |
|
| | connection with requirements as to wearing of safety helmets) is amended as |
|
| | |
| | |
| | (a) | in sub-paragraph (a), for “on a construction site” substitute “at a |
|
| | |
| | (b) | in sub-paragraph (b), for “on such a site” substitute “at such a |
|
| | |
| | (11) | In paragraph (3), for “Paragraphs (7) and (8)” substitute “Paragraphs (6A) to |
|
| | |
| | Member’s explanatory statement
|
|
| | This new clause extends the scope of the exemption under Article 13 of the Employment |
|
| | (Miscellaneous Provisions) (Northern Ireland) Order 1990, currently limited to construction sites, |
|
| | so that turban-wearing Sikhs will be exempt from legal requirements to wear a safety helmet in a |
|
| | workplace of any kind (subject to exceptions set out in Article 13(6A) and (6B), as amended). |
|
| |
| |
| |
| | |
| Page 1, line 1, leave out Clause 1. |
|
| |
|
|
| |
| |
|
| nEW cLAUSES AND NEW SCHEDULES RELATING TO APPRENTICESHIPS AND |
|
| AMENDMENTS TO CLAUSEs 3 AND 4 AND SCHEDULES 1 and 13 |
|
| | English apprenticeships: disclosure of information |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Commissioners may disclose information held by them to the Secretary of |
|
| | State, or to a person providing services to the Secretary of State, for the purpose |
|
| | of the Secretary of State’s functions in relation to approved English |
|
| | |
5 | | (2) | The Secretary of State, or a person providing services to the Secretary of State, |
|
| | may disclose information to the Commissioners, or to a person providing services |
|
| | to them, for the purpose of arrangements made under section 4(1) or for the |
|
| | purpose of requesting the Commissioners to disclose information under |
|
| | subsection (1) of this section. |
|
10 | | (3) | Information disclosed under subsection (1) may not be disclosed by the recipient |
|
| | of the information to any other person without the consent of the Commissioners. |
|
| | (4) | If a person discloses, in contravention of subsection (3), any revenue and customs |
|
| | information relating to a person whose identity— |
|
| | (a) | is specified in the disclosure, or |
|
15 | | (b) | can be deduced from it, |
|
| | | section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful |
|
| | disclosure) applies in relation to that disclosure as it applies in relation to a |
|
| | disclosure of such information in contravention of section 20(9) of that Act. |
|
| | |
20 | | “approved English apprenticeship” has the same meaning as in Chapter A1 |
|
| | of the Apprenticeships, Skills, Children and Learning Act 2009 (see |
|
| | |
| | “revenue and customs information relating to a person” has the same |
|
| | meaning as in section 19 of the Commissioners for Revenue and Customs |
|
25 | | Act 2005 (see section 19(2) of that Act).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment, with amendment , replaces clause 4(5) to (8) with a new clause to authorise the |
|
| | sharing of information relating to approved English apprenticeships. The Secretary of State and |
|
| | HMRC may share such information with each other and with each other‘s service providers (if |
|
| | |
| | As an Amendment to Tom Brake’s proposed New Clause (NC1) (English |
|
| | apprenticeships: disclosure of information) |
|
| |
| |
| |
| | |
| |
| | ‘(4A) | The Secretary of State shall, within six months of this section coming into force, |
|
| | lay a Report before both Houses of Parliament setting out— |
|
|