House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Notices of Amendments: 6 June 2014
35

Deregulation Bill, continued

“133E
Direction to disregard emergency control assessment requirement

(1)
This section applies where a person has been required—

(a)
under section 125(2C) or 129(1B), or

(b)
as mentioned in section 125(5)(a)(ii) or 129(5ZA),


to submit himself for an emergency control assessment.

(2)
At any time before the assessment takes place the Registrar may

withdraw the requirement (in which case this Part applies as if the

requirement had never been imposed).

(3)
At any time after the assessment takes place the Registrar may direct

that the requirement is to be disregarded for the purposes of this Part

(and accordingly any condition that the person holds an emergency

certificate is to cease to apply).

(4)
Notice of—

(a)
the withdrawal of a requirement under subsection (2), or

(b)
a direction under subsection (3),


must be given to the person on whom the requirement was imposed.””

Member’s explanatory statement

This amendment extends what was new section 128ZZA so that the Registrar’s powers under the

section cover emergency control assessments in connection with licences. The new section is

inserted after section 133D to reflect its revised content. The amendment which inserted new

section 128ZZA is removed by amendment

Tom Brake

Oliver Heald

44

Schedule  2,  page  73,  line  21,  leave out “In”

Member’s explanatory statement

This amendment is consequential on amendment 47

Tom Brake

Oliver Heald

45

Schedule  2,  page  73,  line  23,  after “2006,” insert ‘is amended as follows.

      (2)
”

Member’s explanatory statement

This amendment is consequential on amendment 47

Tom Brake

Oliver Heald

46

Schedule  2,  page  73,  line  25,  at end insert—

“( )
in the second column, for “for registration as disabled driving

instructor” substitute “to be registered in respect of driving

instruction”;”

Member’s explanatory statement

Amendments 46, 47, 48 and 49 add further consequential amendments to Part 1 of Schedule 2 to

the Road Traffic Offenders Act 1988, to reflect the amendments to the Road Traffic Act 1988 made

by Schedule 2 to the Bill

Notices of Amendments: 6 June 2014
36

Deregulation Bill, continued

Tom Brake

Oliver Heald

47

Schedule  2,  page  73,  line  26,  at end insert—

    “(3)
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second

column, omit “disabled”.

      (4)
In the entry for section 133D of the Road Traffic Act 1988, in the second

column, for “disabled persons” substitute “persons required to hold an

emergency control certificates”.”

Member’s explanatory statement

See amendment 46.

Tom Brake

Oliver Heald

48

Schedule  2,  page  73,  line  32,  at end insert—

“(aa)
in the second column, for “for registration as disabled driving

instructor” substitute “to be registered in respect of driving

instruction”;”

Member’s explanatory statement

See amendment 46

Tom Brake

Oliver Heald

49

Schedule  2,  page  73,  line  33,  at end insert—

    ‘(3)
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second

column, omit “disabled”.

      (4)
In the entry for section 133D of the Road Traffic Act 1988, in the second

column for “disabled persons” substitute “persons required to hold emergency

control certificates”.”

Member’s explanatory statement

See amendment 46

Tom Brake

Oliver Heald

51

Schedule  9,  page  122,  line  26,  at end insert—

“Part A1

Duration of driving licences to be granted to drivers with relevant or

prospective disabilities

A1
Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is

amended as follows.

A2
In section 99 (duration of licences of drivers of motor vehicles of classes other

than any prescribed class of goods vehicle or any prescribed class of

passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be

granted to person suffering from relevant or prospective disability), for the

Notices of Amendments: 6 June 2014
37

Deregulation Bill, continued

words from “of not more than” to “may determine” substitute “as the Secretary

of State may determine which shall be a period—

(i)
of not more than ten years and not less than one year,

ending on or before the seventieth anniversary of the

applicant’s date of birth, or

(ii)
where, at the time the licence is granted, there are less

than three years until that seventieth anniversary or

where the licence is granted on or after that

anniversary, of not more than three years and not less

than one year”.

A3
In consequence of paragraph A2, in section 100(1)(b) (appeals relating to

licences: determination under section 99(1)(b))—

(a)
for “three” substitute “ten”;

(b)
after “or less” insert “or, where sub-paragraph (ii) of section 99(1)(b)

applies, for three years or less”.”

Member’s explanatory statement

This amendment increases the period for which a driving licence for non-vocational drivers

suffering from a relevant or prospective disability can be granted from a maximum of three years

to a maximum of ten years, ending no later than the driver’s 70th birthday. Once a driver is over

67, the maximum is three years

nEW clauses and new schedules relating to tv licensing and amendments

to clauses 54 and 55

Chi Onwurah

Helen Goodman

62

Clause  54,  page  40,  line  13,  at end insert—

“(3)
The Secretary of State must lay the terms of reference of a review under

subsection (1) before each House of Parliament.”

Tom Brake

Oliver Heald

14

Clause  55,  page  40,  line  24,  after “be” insert “—

(a)
”

Member’s explanatory statement

This amendment is a drafting amendment related to amendment 15

Notices of Amendments: 6 June 2014
38

Deregulation Bill, continued

Tom Brake

Oliver Heald

15

Clause  55,  page  40,  line  25,  at end insert “, or

(b)
such amount, not exceeding a maximum amount specified in the

regulations, as may be determined by a body so specified.”

Member’s explanatory statement

In the event of the Secretary of State deciding to make regulations replacing the TV licensing

offences with a civil penalty regime, this amendment would allow the regulations to provide for the

amount of the penalty to be determined by a body specified in the regulations, subject to a

maximum amount specified in the regulations

Chi Onwurah

Helen Goodman

63

Clause  55,  page  41,  line  26,  at end insert—

“(14)
The power conferred by subsection (1) may not be exercised until after the BBC’s

Royal Charter has next been reviewed.”

remaining new clauses; remaining new schedules; remaining proceedings

on consideration

Tom Brake

Oliver Heald

NC3

To move the following Clause—

“Limit on indemnity required under Outer Space Act 1986

(1)
The Outer Space Act 1986 is amended as follows.

(2)
In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

“(3A)
An order under subsection (3) may—

(a)
provide that section 10(1) does not apply to a person to the extent

that the person is carrying on activities that do not require a

licence by virtue of the order;

(b)
specify the maximum amount of a person’s liability under

section 10(1) so far as the liability relates to the carrying on of

activities that do not require a licence by virtue of the order.”

(3)
In section 5 (terms of licence), after subsection (2) insert—

“(3)
A licence must specify the maximum amount of the licensee’s liability to

indemnify Her Majesty’s government in the United Kingdom under

section 10 in respect of activities authorised by the licence.”

(4)
In section 10 (obligation to indemnify government against claims), after

subsection (1) insert—

“(1A)
Subsection (1) is subject to—

(a)
any limit on the amount of a person’s liability that is specified in

a licence, and

(b)
any order made under section 3(3).”

Notices of Amendments: 6 June 2014
39

Deregulation Bill, continued

(5)
The Secretary of State may vary any licence under section 4 of the 1986 Act that

is held at the time when this section comes into force so as to specify the

maximum amount of the licencee’s liability under section 10 of that Act.

(6)
A variation under subsection (5) is to be made by giving notice in writing to the

licensee.

(7)
The power under section 15(6) of the 1986 Act may be exercised so as to extend

to any of the Channel Islands, the Isle of Man or any British overseas territory any

provision made by this section (subject to any specified exceptions or

modifications).”

Member’s explanatory statement

Section 10 of the Outer Space Act 1986 requires people carrying out certain space activities to

indemnify the UK government against claims arising out of the activities. The new clause makes

provision for limiting the amount of the liability under the indemnity

Tom Brake

Oliver Heald

NC6

To move the following Clause—

“Power of HMRC to disclose information for purposes of certain litigation

(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

information held by them—

(a)
to a person who is entitled to bring proceedings under the fatal accidents

legislation or for whose benefit such proceedings may be brought, for use

in connection with the proceedings or in reaching a settlement without

the need to bring proceedings;

(b)
to a person who is entitled to bring proceedings for damages for personal

injury for the benefit of the estate of a deceased person, for use in

connection with the proceedings or in reaching a settlement without the

need to bring proceedings;

(c)
to a person who has made or who wishes to make an application for a

payment under the Diffuse Mesothelioma Payment Scheme on the basis

that he or she is eligible for such a payment under section 3 of the

Mesothelioma Act 2014 (eligibility of dependants for payments under

the Scheme), for use in connection with the application.

(2)
“The fatal accidents legislation” means—

(a)
the Fatal Accidents Act 1976;

(b)
the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I.

18));

(c)
section 4 of the Damages (Scotland) Act 2011.”

Member’s explanatory statement

This amendment allows Revenue and Customs officials to disclose information HMRC holds to

persons entitled to make claims under fatal accidents legislation, to persons entitled to bring

proceedings for personal injury for the benefit of a deceased person’s estate or to persons claiming

to be eligible under section 3 of the Mesothelioma Act 2014 for a payment under the Diffuse

Mesothelioma Payment Scheme

Notices of Amendments: 6 June 2014
40

Deregulation Bill, continued

Tom Brake

Oliver Heald

NC7

To move the following Clause—

“Combining different forms of subordinate legislation

(1)
Any provision that may be made by order, regulations or rules made by statutory

instrument may be made by any other of those forms of legislation made by

statutory instrument.

(2)
Subsection (1) does not affect the procedure for making the instrument.

(3)
A reference in any enactment or other instrument to an order, regulations or rules

under an enactment (however expressed) includes a reference to provision made

under it because of subsection (1).

(4)
Subsection (1) does not apply in relation to any power of the Welsh Ministers to

make provision by statutory instrument.”

Member’s explanatory statement

This clause allows powers to make an order, regulations or rules to be used to make a combined

instrument. At the moment it is sometimes necessary to make several instruments on a single topic

because the enabling powers are expressed differently. In appropriate cases, using a single

instrument would allow the legislation to be set out in a more coherent way and in one place

Caroline Lucas

NC8

To move the following Clause—

“Replacing homes lost through the Preserved Right to Buy

(1)
Within one year of this Act receiving Royal Assent, the Secretary of State shall

lay before each House of Parliament a plan to—

(a)
replace the homes lost through the Preserved Right to Buy;

(b)
review the effectiveness of the current Right to Buy policy.

(2)
Before making any further changes to Right to Buy, the Secretary of State must

carry out and publish an assessment of the impact of Right to Buy policy on

affordable housing supply since 2012.”

Member’s explanatory statement

This new clause would require the Minister to produce a plan to replace affordable homes lost in

England as a result of Right to Buy, review the effectiveness of current policy and carry out an

assessment of changes since 2012 before making further policy changes

Chris Williamson

NC9

To move the following Clause—

“Licensing: review of legislation

(1)
No later than the end of the period of six months beginning with the day on which

this Act is passed, the Secretary of State must commence a cross-government

Notices of Amendments: 6 June 2014
41

Deregulation Bill, continued

review of all legislation relating to local authority licensing, consents, permits and

registrations.

(2)
The review must include a review of whether and if so how the legislation can be

simplified and consolidated.

(3)
A report on the review must be presented to Parliament by the Secretary of State

no later than the end of the period of 24 months beginning with the day on which

the review is commissioned.”

Philip Davies

NC10

To move the following Clause—

“Repeal of the Sunday Trading Act 1994

(1)
The Sunday Trading Act 1994 is amended as follows.

(2)
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts

Sunday trading at large shops) is repealed.

(3)
Section 2, subsection (5) of that Act and Schedule 3 to the Act (which restricts

loading and unloading at large shops on Sunday mornings) are repealed.”

Philip Davies

NC11

To move the following Clause—

“Extending of Sunday trading hours

(1)
The Sunday Trading Act 1994 is amended as follows.

(2)
In Schedule 1, paragraph 2(3), leave out “six” and insert “eight”.

(3)
In Schedule 1, paragraph 2(3), leave out “6 p.m.” and insert “8 p.m.”.”

Philip Davies

NC12

To move the following Clause—

“Suspension of restriction of Sunday trading hours

(1)
Paragraph 2(1) of Schedule 1 to the Sunday Trading Act 1994 (which restricts

Sunday opening at large shops) does not apply during the suspension period.

(2)
But Schedule 3 to that Act (which restricts loading and unloading at large shops

on Sunday mornings) is to apply during the suspension period to any shop to

which it would apply during that period were it not for the disapplication made

by subsection (1).

(3)
“The suspension period” means the part of the Glasgow 2014 Commonwealth

Games period which—

(a)
begins with Sunday 27 July 2014, and



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