Session 2014 - 15
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181

 

House of Commons

 
 

Monday 23 June 2014

 

Consideration of Bill

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Deregulation Bill


 

Note

 

The Amendments have been arranged in accordance with the Order of the House

 

[14 May 2014].

 


 

nEW cLAUSES AND NEW SCHEDULES RELATING TO DRIVING AND TO ROADS,

 

RAILWAYS, TRAMWAYS AND OTHER MEANS OF TRANSPORT AND AMENDMENTS TO

 

CLAUSES 8 TO 12 AND 32 TO 35 AND SCHEDULES 2 AND 3 AND 8 TO 10

 

Tom Brake

 

Oliver Heald

 

NC4

 

To move the following Clause—

 

“Removal of restriction on investigation of tramway accidents in Scotland by RAIB

 

(1)    

The Railways and Transport Safety Act 2003 is amended as follows.

 

(2)    

In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident

 

Investigation Branch), omit subsection (2) (which prevents the Part from

 

applying to tramways in Scotland).

 

(3)    

In consequence of subsection (2), omit section 1(3).”

 

Member’s explanatory statement

 

Part 1 of the Railways and Transport Safety 2003 does not currently apply to tramways in Scotland

 

and so the Rail Accident Investigation Branch cannot investigate tramway accidents there. This

 

amendment removes that restriction

 


 

Tom Brake

 

Oliver Heald

 

NC25

 

To move the following Clause—


 
 

Consideration of Bill: 23 June 2014                     

182

 

Deregulation Bill, continued

 
 

“Civil penalties for parking contraventions: enforcement

 

(1)    

Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic

 

contraventions) is amended as follows.

 

(2)    

After section 78 (notification of penalty charge) insert—

 

“78A  

Notification of penalty charge: parking contraventions in England

 

(1)    

Regulations under section 78 must include provision requiring

 

notification of a penalty charge to be given by a notice affixed to the

 

vehicle where the charge is in respect of a parking contravention on a

 

road in a civil enforcement area in England.

 

(2)    

The regulations may, however, provide that the requirement does not

 

apply in circumstances specified in the regulations (which may be framed

 

by reference to the type of contravention, the circumstances in which a

 

contravention occurs or in any other way) and, where the regulations so

 

provide, they may make any such alternative provision for notification as

 

is authorised by section 78.”

 

(3)    

After section 87 insert—

 

“87A  

Power to prohibit use of devices etc:parking contraventions in

 

England

 

(1)    

The Secretary of State may by regulations make provision to prohibit the

 

use by civil enforcement officers of a device of a description specified in

 

the regulations, or of records produced by such a device, in connection

 

with the enforcement of parking contraventions on a road in a civil

 

enforcement area in England.

 

(2)    

The prohibition may be—

 

(a)    

general, or

 

(b)    

limited to particular uses specified in the regulations.

 

(3)    

The regulations may provide that a general or limited prohibition does

 

not apply in circumstances specified in the regulations (which may be

 

framed by reference to the type of contravention, the circumstances in

 

which a contravention occurs or in any other way).

 

(4)    

Regulations under this section may amend this Part or any provision

 

made under it.””

 

Member’s explanatory statement

 

This new clause deals with the enforcement of parking contraventions in England under Part 6 of

 

the Traffic Management Act 2004. It provides that, subject to certain exceptions, regulations under

 

section 78 must provide for notification of a penalty charge to be given by a notice affixed to the

 

vehicle (which means that a civil enforcement officer must be present to affix the notice). It also

 

confers a power which would enable regulations to be made to restrict the use of CCTV or other

 

devices in parking enforcement.

 


 

Bill Wiggin

 

nc15

 

To move the following Clause—


 
 

Consideration of Bill: 23 June 2014                     

183

 

Deregulation Bill, continued

 
 

“Footpaths: provisions to stop up or divert due to privacy, safety or security

 

(1)    

The Highways Act 1980 is amended as follows.

 

(2)    

In section 118 (Stopping up of footpaths, birdleways and restricted byways), in

 

subsection (1) after “on the ground that it is not needed for public use”, insert “or

 

the public need could reasonably be provided by an alternative public right of way

 

or highway nearby”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

When making a determination under subsection (1A) the council and

 

Secretary of State shall have regard to the presumption that footpaths

 

should not pass through farmyards, gardens, commercial premises or

 

other land where privacy, safety or security are an issue.”.

 

(4)    

In section 119 (Diversion of footpaths, bridleways and restricted byways),

 

subsection (6A) after “a public right of way,”, insert “, and the presumption that

 

paths should not pass through farmyards, commercial areas, gardens or other land

 

where privacy, safety or security is an issue.”

 


 

Mr Brooks Newmark

 

NC17

 

To move the following Clause—

 

“Presumed diversion of intrusive public rights of way in limited circumstances

 

In section 119 of the Highways Act 1980, after subsection (6A), insert—

 

(6B)    

Where a path or way passes through the curtilage of a residential

 

dwelling including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises—

 

(a)    

subsections (6) and (6A) above shall not apply; and

 

(b)    

the Secretary of State or council shall confirm a public path

 

diversion order unless he, or as the case may be, they are satisfied

 

that the privacy, safety or security of the premises are not

 

adversely affected by the existence or use of the path.

 

(6C)    

Where the premises have been unlawfully extended to encompass the

 

path or way subsection (6B) above do not apply.

 

(6D)    

In exercising the powers under this section, the Secretary of State and the

 

council shall have particular regard to the presumption that public rights

 

of way or highways should not pass through the curtilage of residential

 

premises including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises.””

 

Member’s explanatory statement

 

This new Clause will facilitate statutory guidance to allow for the diversion of rights of way that

 

pass through domestic or business premises on the grounds of privacy, safety or security

 



 
 

Consideration of Bill: 23 June 2014                     

184

 

Deregulation Bill, continued

 
 

Mr Brooks Newmark

 

NC18

 

To move the following Clause—

 

“Presumed extinguishment of intrusive public rights of way in limited circumstances

 

In section 118 of the Highways Act 1980, after subsection (6), insert—

 

“(6A)    

Where a path or way passes through the curtilage of a residential

 

dwelling including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises a council shall make and the Secretary of State or the

 

council shall confirm an order stopping up a path or way unless he, or as

 

the case may be, they are satisfied that—

 

(a)    

the privacy, safety or security of the premises are not adversely

 

affected by the existence or use of the path; or

 

(b)    

it is possible to divert the path or way such that the privacy,

 

safety or security of the premises are not adversely affected by

 

the existence or use of the path; or

 

(c)    

the path or way provides access to a vital local service or amenity

 

not otherwise reasonably accessible.

 

(6B)    

In exercising the powers under this section, the Secretary of State and the

 

council shall have particular regard to the presumption that public rights

 

of way or highways should not pass through the curtilage of residential

 

premises including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises.””

 

Member’s explanatory statement

 

This new Clause will facilitate statutory guidance to allow for the extinguishment of rights of way

 

that pass through domestic or business premises on the grounds of privacy, safety or security if a

 

diversion is not possible and the right of way does not provide access to a vital local service or

 

amenity not otherwise accessible

 


 

Mr Brooks Newmark

 

NC19

 

To move the following Clause—

 

“Presumed extinguishment of intrusive byways open to all traffic in limited

 

circumstances

 

In section 116 of the Highways Act 1980, after subsection (1), insert—

 

“(1A)    

Where a byway open to all traffic passes through the curtilage of a

 

residential dwelling including the gardens and driveways of the premises,

 

a working farmyard or forestry yard or other operational business or

 

working industrial premises it is presumed that diversion of the highway

 

so that it does not so pass will make the path more commodious and that

 

the highway is unnecessary unless the court is satisfied that—

 

(a)    

the privacy, safety or security of the premises are not adversely

 

affected by the existence or use of the path; or


 
 

Consideration of Bill: 23 June 2014                     

185

 

Deregulation Bill, continued

 
 

(b)    

the path or way provides access to a vital local service or amenity

 

not otherwise reasonably accessible.

 

(1B)    

In exercising the powers under this section, the authority and the court

 

shall have particular regard to the presumption that a byway open to all

 

traffic should not pass through the curtilage of residential premises

 

including the gardens and driveways of the premises, a working farmyard

 

or forestry yard or other operational business or working industrial

 

premises.

 

(1C)    

A “byway open to all traffic” means a highway over which the public

 

have a right of way for vehicular and all other kinds of traffic, but which

 

is used mainly for the purposes for which footpaths and bridleways are

 

so used.”.”

 

Member’s explanatory statement

 

This new Clause would create a presumption that byways open to all traffic should be diverted so

 

as to not pass through residential or business premises unless the byway does not impact on the

 

privacy, safety or security of the premises, or provides access to a vital local service or amenity

 

not otherwise accessible

 


 

Mary Creagh

 

Richard Burden

 

Chi Onwurah

 

Caroline Lucas

 

Barbara Keeley

 

Tom Greatrex

 

Mrs Mary Glindon

 

Mr Gordon Marsden

 

61

 

Page  7,  line  22,  leave out Clause 10, Clause 11 and Clause 12

 


 

Tom Brake

 

Oliver Heald

 

13

 

Clause  33,  page  25,  line  32,  at end insert—

 

“(aa)    

the duration of driving licences to be granted to drivers with relevant or

 

prospective disabilities;”

 

Member’s explanatory statement

 

Clause 33 introduces Schedule 9 to the Bill. This amendment is consequential on the addition of a

 

new Part to Schedule 9 by amendment 5151

 



 
 

Consideration of Bill: 23 June 2014                     

186

 

Deregulation Bill, continued

 
 

Mr Gordon Marsden

 

Dr Alan Whitehead

 

Chi Onwurah

 

John McDonnell

 

Mary Creagh

 

Richard Burden

 

Grahame M. Morris

 

Karl Turner

 

Albert Owen

 

Andrew Miller

 

Kelvin Hopkins

 

Mr George Howarth

 

1

 

Clause  35,  page  26,  line  4,  leave out paragraphs (a) and (b) and insert “in paragraph

 

(a) leave out from “if new and important evidence” to “discovered” and insert “where

 

secondary investigations have enabled more new, significant, or important evidence to

 

become available, having particular regard to—

 

(i)    

enhancing and preserving the rights of those affected by a

 

maritime accident to learn from the proceedings of such

 

reinvestigations and conclusions drawn from them; and

 

(ii)    

future safety issues and measures.”.”

 


 

Tom Brake

 

Oliver Heald

 

36

 

Schedule  2,  page  62,  line  13,  leave out “authorise the person to apply” and insert

 

“require the person”

 

Member’s explanatory statement

 

This amendment is a drafting improvement to make new section 124(3)(a) of the Road Traffic Act

 

1988 more consistent with the new system for registering driving instructors

 

Tom Brake

 

Oliver Heald

 

37

 

Schedule  2,  page  62,  line  36,  leave out “applicant” and insert “person”

 

Member’s explanatory statement

 

This amendment is a drafting change to improve the cross-reference between new section 125(3D)

 

and 125ZA(4)(ba) of the Road Traffic Act 1988

 

Tom Brake

 

Oliver Heald

 

38

 

Schedule  2,  page  65,  line  26,  at end insert—

 

    

“unless the Registrar considers it appropriate for the application to be made at

 

such earlier time as may be specified by the Registrar.”

 

Member’s explanatory statement

 

This amendment will enable the Registrar to allow an application to undergo a further emergency

 

control assessment under section 133B(4) to be made before the end of the six month period

 

referred to in new section 133B(5A)

 

Tom Brake

 

Oliver Heald

 

39

 

Schedule  2,  page  66,  line  39,  leave out “applicant” and insert “person”

 

Member’s explanatory statement


 
 

Consideration of Bill: 23 June 2014                     

187

 

Deregulation Bill, continued

 
 

This amendment is a drafting change to improve the cross-reference between new section 125(2D)

 

and 125(5A) of the Road Traffic Act 1988

 

Tom Brake

 

Oliver Heald

 

40

 

Schedule  2,  page  69,  line  30,  leave out paragraph 22

 

Member’s explanatory statement

 

This amendment is consequential on amendment43 43

 

Tom Brake

 

Oliver Heald

 

41

 

Schedule  2,  page  72,  line  2,  leave out from “assessment” to end of line 3 and insert

 

“—

 

(i)    

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

 

(ii)    

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

 

Member’s explanatory statement

 

This amendment amends new subsection 133B(2A), inserting references to section 129(1B) and

 

section 129(5ZA) to ensure that the ability to re-take failed emergency control assessments applies

 

to assessments taken in connection with licences as well as to those taken in connection with

 

registration

 

Tom Brake

 

Oliver Heald

 

42

 

Schedule  2,  page  72,  line  15,  at end insert—

 

    

“unless the Registrar considers it appropriate for the application to be made at

 

such earlier time as may be specified by the Registrar.”

 

Member’s explanatory statement

 

This amendment makes the same change for Part 2 of Schedule 2 to the Bill that amendment 38 38

 

makes for Part 1 of Schedule 2

 

Tom Brake

 

Oliver Heald

 

43

 

Schedule  2,  page  72,  line  37,  at end insert—

 

            

“Part 5 has effect as if after section 133D there were inserted—

 

“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).


 
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