Session 2014 - 15
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Notices of Amendments: 6 June 2014                     

42

 

Deregulation Bill, continued

 
 

(b)    

ends with Sunday 3 August 2014.

 

(4)    

Where a shop worker gives an opting-out notice in the pre-Games period that

 

relates to work at an exempted large shop, section 41(3), of the Employment

 

Rights Act 1996 has effect as if the notice period in relation to the shop worker

 

were the period which—

 

(a)    

begins with the day on which the notice is given, and

 

(b)    

ends two months after that day, or with Sunday 3 August 2014 (if that is

 

later).

 

(5)    

Section 42(2) of that Act accordingly has effect in relation to the shop worker as

 

if the reference to three months were a reference to the notice period as it is

 

modified by subsection (1).

 

(6)    

Where the opting-out notice includes an express statement to the effect that the

 

shop worker objects to Sunday working only during the suspension period, the

 

shop worker is to be treated for the purposes of that Act as having given an opting-

 

in notice at the end of that period.

 

(7)    

The “pre-Games period” is the period which—

 

(a)    

begins with the day on which this Act is passed, and

 

(b)    

ends with Sunday 3 August 2014.

 

(8)    

An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the

 

Sunday Trading Act 1994 would apply during the suspension period were it not

 

for the disapplication made by section 1(1).

 

(9)    

In this section—

 

(a)    

“opting-in notice”, “opting-out notice” and “shop worker” each have the

 

same meaning as in the Employment Rights Act 1996, and

 

(b)    

“suspension period” has the meaning given in section 1(3).”

 


 

Philip Davies

 

NC13

 

To move the following Clause—

 

“Suspension of restriction on 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 Rugby World Cup 2015 period,

 

which—

 

(a)    

begins with Sunday 20 September 2015, and

 

(b)    

ends with Sunday 25 October 2015.

 

(4)    

Where a shop worker gives an opting-out notice in the pre-Rugby Cup period that

 

relates to work at an exempted large shop, section 41(3) of the Employment

 

Rights Act 1996 has effect as if the notice period in relation to the shop worker

 

were the period which—

 

(a)    

begins with the day on which the notice is given, and

 

(b)    

ends with Saturday 31 October 2015.


 
 

Notices of Amendments: 6 June 2014                     

43

 

Deregulation Bill, continued

 
 

(5)    

Section 42(2) of that Act accordingly has effect in relation to the shop worker as

 

if the reference to three months were a reference to the notice period as it is

 

modified by subsection (1).

 

(6)    

Where the opting-out notice includes an express statement to the effect that the

 

shop worker objects to Sunday working only during the suspension period, the

 

shop worker is to be treated for the purposes of that Act as having given an opting-

 

in notice at the end of that period.

 

(7)    

The “pre-Rugby Cup period” is the period which—

 

(a)    

begins on Friday 17 July 2015, and

 

(b)    

ends with Friday 11 September 2015.

 

(8)    

An “exempted large shop” is a shop to which paragraph 2(1) of Schedule 1 to the

 

Sunday Trading Act 1994 would apply during the suspension period were it not

 

for the disapplication made by section 1(1).

 

(9)    

In this section—

 

(a)    

“opting-in notice”, “opting-out notice” and “shop worker” each have the

 

same meaning as in the Employment Rights Act 1996, and

 

(b)    

“suspension period” has the meaning given in section 1(3).”

 


 

Philip Davies

 

NC14

 

To move the following Clause—

 

“Further exemption to Sunday trading hours: garden centres

 

(1)    

The Sunday Trading Act 1994 is amended as follows.

 

(2)    

In Schedule 1, paragraph 3(1), after paragraph (k) at end insert—

 

“(l)    

any garden centres.”

 


 

Philip Davies

 

NC16

 

To move the following Clause—

 

“Statutory periodic tenancy: payment of deposit

 

(1)    

The Housing Act 2004 is amended as follows.

 

(2)    

In section 215, paragraph (5), at end insert—

 

“Shorthold tenancy deposit: further requirements

 

215A (1)  

A tenancy deposit shall not be treated as being paid or received in

 

connection with a shorthold tenancy by reason only of the deemed

 

grant of a statutory periodic tenancy pursuant to the provisions of

 

section 5(1) of the Housing Act 1988 (“the 1988 Act”).

 

      (2)  

Subsection (1) shall apply (and shall always be deemed to apply) in

 

respect of any tenancy deposit whenever it was paid or received


 
 

Notices of Amendments: 6 June 2014                     

44

 

Deregulation Bill, continued

 
 

whether before or after the coming into force of sections 212 to 215 of

 

the Housing Act 2004 (“the 2004 Act”).

 

      (3)  

Where—

 

(a)    

a tenancy deposit has been received in relation to a shorthold

 

tenancy under a tenancy (“the original tenancy”);

 

(b)    

the original tenancy was granted as a fixed term tenancy;

 

(c)    

the original tenancy commenced before 6 April 2007;

 

(d)    

immediately upon the expiry of the fixed term of the original

 

tenancy a statutory periodic tenancy was deemed to be granted

 

pursuant to section 5(1) of the 1988 Act;

 

(e)    

the initial requirements (as defined by section 213(4) of the

 

2004 Act) have not been complied with in respect of that

 

tenancy deposit; and

 

(f)    

no event has occurred on or after 6 April 2007 which would

 

otherwise require that tenancy deposit is to be protected in

 

accordance with an authorised scheme under section 213 of

 

the 2004 Act the provisions of subsection (4) shall apply to

 

that tenancy deposit.

 

      (4)  

The initial requirements under section 213(4) of the 2004 Act and the

 

requirements of section 213(6) of that Act (relating to prescribed

 

information) must be complied with in respect of any tenancy deposit

 

referred to in subsection (3) within 3 months of the date when the

 

provisions of this Act come into force.

 

      (5)  

The expressions “tenancy deposit” and “shorthold tenancy” in this

 

section shall have the same meanings as for the purposes of sections

 

212 to 215 of the 2004 Act.”.”

 


 

Tom Brake

 

Oliver Heald

 

12

 

Clause  17,  page  14,  line  33,  after “(general))” insert “—

 

( )    

in subsection (1) (fees for grant or maintenance of recognition of

 

professional body), in paragraph (b) (power to refuse recognition, or

 

revoke order of recognition, where fee not paid), after “391(1)” insert “or

 

(2)”;”

 

Member’s explanatory statement

 

This amendment allows the Secretary of State to revoke or refuse recognition of a professional

 

body recognised for the purpose of authorising partially authorised insolvency practitioners,

 

where the body has not paid a fee in connection with the grant or maintenance of its recognition

 



 
 

Notices of Amendments: 6 June 2014                     

45

 

Deregulation Bill, continued

 
 

Jonathan Reynolds

 

Tom Greatrex

 

Graham Stringer

 

Joan Walley

 

2

 

Clause  30,  page  24,  line  42,  at end insert—

 

“(2)    

This section and section 31 shall not come into force until the Secretary of State

 

has laid a Zero-Carbon Housing Strategy before both Houses of Parliament.”

 


 

Tom Brake

 

Oliver Heald

 

16

 

Clause  59,  page  43,  line  24,  leave out paragraph (a) and insert—

 

“( )    

in paragraph 7, after “paragraph 4 above” insert “that relates to material

 

that consists of or includes journalistic material”;

 

( )    

in paragraph 8, for “such an order” substitute “an order under paragraph

 

4 above that relates to material that consists of or includes journalistic

 

material”;

 

( )    

in paragraph 9, for “Such a notice” substitute “Notice of an application

 

for an order under paragraph 4 above that relates to material that consists

 

of or includes journalistic material”;

 

( )    

in paragraph 10, for “this Schedule” (in each place where it occurs)

 

substitute “paragraph 8”.”

 

Member’s explanatory statement

 

Clause 59(3) allows Criminal Procedure Rules to supply the procedure on an application for a

 

production order under Schedule 1 to the Police and Criminal Evidence Act 1984. This

 

amendment, with amendment , excepts any application which relates to material that consists of

 

or includes journalistic material, as defined by section 13 of the 1984 Act, and ensures that the

 

procedure for such applications continues to be dealt with in Schedule 1.

 

Tom Brake

 

Oliver Heald

 

17

 

Clause  59,  page  43,  line  29,  at end insert “, other than proceedings for an order

 

under paragraph 4 above that relates to material that consists of or includes journalistic

 

material.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 16

 



 
 

Notices of Amendments: 6 June 2014                     

46

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

18

 

Clause  70,  page  49,  line  13,  at end insert “or by the National Assembly for Wales

 

constituted by the Government of Wales Act 1998.”

 

Member’s explanatory statement

 

This amendment ensures that the power to spell out dates described in legislation cannot be used

 

to amend subordinate legislation made by the National Assembly for Wales

 


 

Caroline Lucas

 

64

 

Page  50,  line  30,  leave out Clauses 73 to 76.

 

Member’s explanatory statement

 

This amendment removes the requirement on persons exercising a regulatory function to have

 

regard to the desirability of promoting economic growth

 

Caroline Lucas

 

65

 

Clause  73,  page  50,  line  30,  leave out “economic growth” and insert “sustainable

 

development”

 

Member’s explanatory statement

 

This amendment substitutes the requirement on persons exercising a regulatory function to have

 

regard to the desirability of promoting economic growth with a requirement to have regard to the

 

desirability of promoting sustainable development

 

Caroline Lucas

 

66

 

Clause  73,  page  50,  line  33,  leave out “economic growth” and insert “sustainable

 

development”

 

Caroline Lucas

 

67

 

Clause  73,  page  50,  line  35,  leave out “economic growth” and insert “sustainable

 

development”

 

Caroline Lucas

 

69

 

Clause  73,  page  50,  line  37,  leave out “only”

 

Member’s explanatory statement

 

This amendment makes it clear that a person exercising a regulatory function under this section

 

must take regulatory action when needed

 



 
 

Notices of Amendments: 6 June 2014                     

47

 

Deregulation Bill, continued

 
 

Caroline Lucas

 

68

 

Clause  75,  page  51,  line  29,  leave out “economic growth” and insert “sustainable

 

development”

 


 

Caroline Lucas

 

70

 

Clause  76,  page  52,  line  4,  after “75”, insert ““sustainable development” means

 

development that meets the needs of the present without compromising the ability of

 

existing communities and future generations to meet their own needs; and that contributes

 

to the principles that the nation and areas within it should live within their environmental

 

limits, should achieve a sustainable economy and should seek to ensure a strong, healthy

 

and just society.”

 

Member’s explanatory statement

 

This defines sustainable development in terms recommended by the Communities and Local

 

Government Select Committee 2011 inquiry into the National Planning Policy Framework, which

 

drew on the 2005 UK Sustainable Development Strategy

 


 

Tom Brake

 

Oliver Heald

 

19

 

Clause  79,  page  53,  line  27,  after “Sections” insert “(Power of HMRC to disclose

 

information for purposes of certain litigation)

 

Member’s explanatory statement

 

This amendment provides for the new clause inserted by amendment to extend to England and

 

Wales, Scotland and Northern Ireland

 

Tom Brake

 

Oliver Heald

 

20

 

Clause  79,  page  53,  line  27,  after ‘Sections’ insert ‘”54, 55,”

 

Member’s explanatory statement

 

This amendment extends clauses 54 and 55 (TV licensing) to the whole of the United Kingdom

 

Tom Brake

 

Oliver Heald

 

21

 

Clause  79,  page  53,  line  27,  after “70” insert “, (Combining different forms of

 

subordinate legislation)”

 

Member’s explanatory statement

 

This amendment ensures that the new clause mentioned in it extends to England and Wales,

 

Scotland and Northern Ireland


 
 

Notices of Amendments: 6 June 2014                     

48

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

22

 

Clause  79,  page  53,  line  28,  at end insert—

 

“( )    

Her Majesty may by Order in Council provide for any of the provisions of section

 

55 to extend, with or without modifications, to any of the Channel Islands or the

 

Isle of Man.”

 

Member’s explanatory statement

 

This amendment allows the provisions of clause 55 to be extended to the Channel Islands or Isle

 

of Man

 


 

Jonathan Reynolds

 

Tom Greatrex

 

Graham Stringer

 

Joan Walley

 

3

 

Clause  80,  page  53,  line  38,  at end insert “, subject to the condition in subsection

 

(2) of that section;”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 2

 

Tom Brake

 

Oliver Heald

 

24

 

Clause  80,  page  53,  line  39,  after “35” insert “and (Removal of restriction on

 

investigation of tramway accidents in Scotland by RAIB)”

 

Member’s explanatory statement

 

This amendment has the effect that the new clause inserted by amendment will come into force 2

 

months after the Bill receives Royal Assent

 

Tom Brake

 

Oliver Heald

 

25

 

Clause  80,  page  54,  line  4,  after “70” insert “, (Combining different forms of

 

subordinate legislation)”

 

Member’s explanatory statement

 

This amendment ensures that the new clause mentioned in it comes into force 2 months after the

 

Bill is passed

 

Tom Brake

 

Oliver Heald

 

26

 

Clause  80,  page  54,  line  8,  after “Parts” insert “A1,”

 

Member’s explanatory statement

 

This amendment has the effect that the new Part added to Schedule 9 to the Bill by amendment will

 

come into force 2 months after the Bill receives Royal Assent

 



 
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