Session 2013 - 14
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Report Stage Proceedings: 14 May 2014                  

654

 

Deregulation Bill, continued

 
 

(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

 

it takes effect.

 

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

 

exercise the power.

 

(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

 

this Part.

 

(2)    

The person who gave the Part 5A notice must secure that a copy of the

 

notice is either—

 

(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

 

custody, and

 

(b)    

specifying the position held at the premises by the nominated

 

person,

 

    

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

 

applies) subsection (3).


 
 

Report Stage Proceedings: 14 May 2014                  

655

 

Deregulation Bill, continued

 
 

(5)    

Where—

 

(a)    

a copy of the Part 5A notice is not prominently displayed at

 

the premises, and

 

(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

 

to exercise the power.

 

(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

 

110L(5).

 

Supplementary

 

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

 

may choose.

 

(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

 

licensing authority is—

 

(a)    

if there is only one licensing authority in whose area each set

 

of premises is wholly or partly situated, that licensing

 

authority;


 
 

Report Stage Proceedings: 14 May 2014                  

656

 

Deregulation Bill, continued

 
 

(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

 

to amendment ).

 


 

Tom Brake

 

Oliver Heald

 

Agreed to  58

 

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

 

1926.’.

 

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.

 

Tom Brake

 

Oliver Heald

 

Agreed to  75

 

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.

 

Tom Brake

 

Oliver Heald

 

Agreed to  59

 

Schedule  18,  page  162,  line  2,  at end insert—


 
 

Report Stage Proceedings: 14 May 2014                  

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Deregulation Bill, continued

 
 

            

‘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

 

31 March 2015.

 

Mr William Cash

 

Mr Bernard Jenkin

 

Thomas Docherty

 

Oliver Heald

 

Tom Brake

 

Agreed to  4

 

Schedule  18,  page  162,  line  22,  at end insert—

 

‘Part 7A

 

Civil Law

 

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.

 

Tom Brake

 

Oliver Heald

 

Agreed to  60

 

Schedule  18,  page  163,  line  12,  at end insert—

 

‘Part 9

 

HOUSING

 

Housing Act 1988 (c. 50)

 

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.

 

Philip Davies

 

Not called  73

 

Schedule  18,  page  163,  line  12,  at end insert—


 
 

Report Stage Proceedings: 14 May 2014                  

658

 

Deregulation Bill, continued

 
 

‘Part 9

 

Communications

 

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

 

Tom Brake

 

Oliver Heald

 

Added  NC2

 

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

 

a workplace”.

 

(4)    

In paragraph (5), in the opening words, for “on a construction site” substitute “at

 

a workplace”.

 

(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

 

(b)    

is at the workplace—

 

(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

 

(b)    

is at the workplace—

 

(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


 
 

Report Stage Proceedings: 14 May 2014                  

659

 

Deregulation Bill, continued

 
 

(ii)    

to receive training in how to take part in such an

 

operation in circumstances of that kind.”

 

(6)    

In paragraph (7)—

 

(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

 

Forces Act 2006;”;

 

(c)    

at the end insert—

 

““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,

 

includes—

 

(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

 

a workplace”.

 

(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

 

follows.

 

(10)    

In paragraph (1)—

 

(a)    

in sub-paragraph (a), for “on a construction site” substitute “at a

 

workplace”;

 

(b)    

in sub-paragraph (b), for “on such a site” substitute “at such a

 

workplace”.

 

(11)    

In paragraph (3), for “Paragraphs (7) and (8)” substitute “Paragraphs (6A) to

 

(8)”.’.

 

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).

 


 

Chi Onwurah

 

Toby Perkins

 

Negatived on division  72

 

Page  1,  line  1,  leave out Clause 1.

 



 
 

Report Stage Proceedings: 14 May 2014                  

660

 

Deregulation Bill, continued

 
 

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

 

Tom Brake

 

Oliver Heald

 

Added  NC1

 

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

 

apprenticeships.

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.

 

(5)    

In this section—

20

“approved English apprenticeship” has the same meaning as in Chapter A1

 

of the Apprenticeships, Skills, Children and Learning Act 2009 (see

 

Schedule 1);

 

“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

 

any).

 

As an Amendment to Tom Brake’s proposed New Clause (NC1) (English

 

apprenticeships: disclosure of information)

 

Chi Onwurah

 

Toby Perkins

 

Kelvin Hopkins

 

Not called  (a)

 

Line  18,  at end insert—

 

‘(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—


 
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