Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill: 23 June 2014                     

198

 

Deregulation Bill, continued

 
 

    “(3)  

A committee established under this paragraph to review the economy,

 

efficiency or effectiveness with which the Commission has used its

 

resources, or any sub-committee of such a committee, may include up

 

to two people who are not also members of the Commission

 

(“independent members”).

 

      (4)  

The Commission may not appoint as an independent member anyone

 

who would be ineligible for appointment as a member of the

 

Commission because of paragraph 1(3).

 

      (5)  

An independent member must be appointed on such terms and

 

conditions, including terms and conditions as to remuneration, as the

 

Commission may determine.

 

      (6)  

Except as provided by sub-paragraph (3), only a member of the

 

Commission may be a member of one of its committees or sub-

 

committees.”

 

(3)    

Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5).

 

(4)    

In sub-paragraph (1), after “paragraph 11” insert “in respect of the first financial

 

year to begin after the day on which Parliament meets for the first time following

 

a parliamentary general election”.

 

(5)    

After that sub-paragraph insert—

 

  “(1A)  

The Speaker’s Committee may require the Commission to submit a

 

plan under sub-paragraph (1) when the Commission submits such an

 

estimate as is mentioned in paragraph 11 in respect of a financial year

 

other than one mentioned in that sub-paragraph.”

 

(6)    

In paragraph 13 (annual examination by Comptroller and Auditor General), in

 

sub-paragraph (1)—

 

(a)    

for “For the purposes of paragraphs 11 and 12” substitute “For the

 

purpose of assisting the Speaker’s Committee to discharge their

 

functions under paragraphs 11 and 12 in respect of any year when both

 

an estimate under paragraph 11 and a five-year plan under paragraph 12

 

are submitted to them,”;

 

(b)    

for “in each year” substitute “before the Committee consider the estimate

 

and plan”.

 

(7)    

In the cross-heading preceding paragraph 13, for “Annual examination”

 

substitute “Examination”.”

 

Member’s explanatory statement

 

This new clause enables the Local Government Boundary Commission for England to appoint

 

independent members to its audit committee. It also changes the current annual requirement for

 

the production of a five-year plan and an audit report to a requirement in respect of the first year

 

of a new Parliament and subsequently as required by the Speaker’s Committee.

 


 

Tom Brake

 

Oliver Heald

 

NC24

 

To move the following Clause—


 
 

Consideration of Bill: 23 June 2014                     

199

 

Deregulation Bill, continued

 
 

“Poisons and explosives precursors

 

Schedule (Poisons and explosives precursors) introduces a common system for

 

regulating the possession etc of non-medicinal poisons and explosives

 

precursors.”

 

Member’s explanatory statement

 

This amendment introduces the new Schedule inserted by new schedule NS2. This abolishes the

 

statutory requirement for a Poisons Board under the Poisons Act 1972 and introduces a common

 

licensing regime for poisons and explosives precursors in order to streamline the regimes

 

established under the Poisons Act 1972 and under EU Regulation 98/2013 (on the marketing and

 

use of explosives precursors).

 


 

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

 

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.”

 



 
 

Consideration of Bill: 23 June 2014                     

200

 

Deregulation Bill, continued

 
 

Philip Davies

 

Mr David Nuttall

 

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

 

Mr David Nuttall

 

 

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

 

Mr David Nuttall

 

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

 

(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


 
 

Consideration of Bill: 23 June 2014                     

201

 

Deregulation Bill, continued

 
 

(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

 

Mr David Nuttall

 

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.

 

(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.


 
 

Consideration of Bill: 23 June 2014                     

202

 

Deregulation Bill, continued

 
 

(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

 

Mr David Nuttall

 

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.”

 


 

Tom Brake

 

Oliver Heald

 

NS2

 

To move the following Schedule—

 

“Poisons and explosives precursors

 

Abolition of Poisons Board

 

2    (1)  

The Poisons Board is abolished.

 

      (2)  

As a result—

 

(a)    

in the Poisons Act 1972, omit section 1 and Schedule 1, and

 

(b)    

in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other

 

public bodies and offices: general), omit the entry for the Poisons

 

Board.

 

Establishment of common regulatory system

 

3          

The Poisons Act 1972 is amended as follows.

 

4          

For section 2 substitute—

 

“2      

Regulated substances and reportable substances

 

(1)    

This section defines some key terms used in this Act.


 
 

Consideration of Bill: 23 June 2014                     

203

 

Deregulation Bill, continued

 
 

(2)    

“Regulated substance” means a regulated explosives precursor or

 

regulated poison.

 

(3)    

A “regulated explosives precursor”—

 

(a)    

is a substance listed in Part 1 of Schedule 1A in a

 

concentration higher than the limit set out for that substance

 

in that Part, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(4)    

A “regulated poison”—

 

(a)    

is a substance listed in Part 2 of Schedule 1A in a

 

concentration higher than the limit (if any) set out for that

 

substance in that Part, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(5)    

“Reportable substance” means a reportable explosives precursor or a

 

reportable poison.

 

(6)    

A “reportable explosives precursor”—

 

(a)    

is a substance listed in Part 3 of Schedule 1A, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(7)    

A “reportable poison” is—

 

(a)    

a substance listed in Part 4 of Schedule 1A in a concentration

 

higher than the limit (if any) set out for that substance in that

 

Part, and

 

(b)    

includes a mixture or another substance in which a substance

 

listed in that Part is present in a concentration higher than the

 

relevant limit,

 

    

but, in each case, only if the substance or mixture is not excluded.

 

(8)    

For the purposes of this section, a substance or mixture is “excluded”

 

if—

 

(a)    

it is medicinal, or

 

(b)    

it is contained in a specific object.

 

(9)    

A substance or mixture is “medicinal” if it is—

 

(a)    

a medicinal product as defined by regulation 2 of the Human

 

Medicines Regulations 2012 (S.I. 2012/1916),

 

(b)    

an investigational medicinal product as defined by regulation

 

2 of the Medicines for Human Use (Clinical Trials)

 

Regulations 2004 (S.I. 2004/1031),

 

(c)    

a substance to which Part 12 of the Human Medicines

 

Regulations 2012 or Part 6 of the Medicines for Human Use

 

(Clinical Trials) Regulations 2004 applies by virtue of an

 

order under section 104 or 105 of the Medicines Act 1968

 

(whether applying subject to exceptions and modifications or


 
 

Consideration of Bill: 23 June 2014                     

204

 

Deregulation Bill, continued

 
 

not and, in the case of an order under section 104, whether the

 

substance is referred to in the order as a substance or an

 

article), or

 

(d)    

a veterinary medicinal product as defined by regulation 2 of

 

the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).

 

(10)    

A “specific object” is—

 

(a)    

an object that, during production, is given a special shape,

 

surface or design that determines its function to a greater

 

degree than does its chemical composition, or

 

(b)    

an article that contains explosive substances or an explosive

 

mixture of substances designed to produce heat, light, sound,

 

gas or smoke or a combination of such effects through self-

 

sustained exothermic chemical reactions, including—

 

(i)    

pyrotechnic equipment falling within the scope of

 

Council Directive 96/98/EC on marine equipment,

 

and

 

(ii)    

percussion caps intended specifically for toys falling

 

within the scope of Council Directive 88/378/EEC

 

concerning the safety of toys.

 

(11)    

See also section 9B (which contains power to disapply requirements

 

of this Act in specified circumstances).

 

2A      

Power to amend Schedule 1A

 

(1)    

The Secretary of State may by regulations—

 

(a)    

amend Schedule 1A (whether to add, vary or remove a

 

substance or concentration limit or make any other change),

 

and

 

(b)    

amend section 2 in consequence of any amendment made

 

under paragraph (a).

 

(2)    

The power in subsection (1) to add a concentration limit includes

 

power to add a concentration limit in any Part of Schedule 1A

 

(whether for an explosives precursor or a poison).

 

(3)    

In determining the distribution of substances as between the various

 

Parts of Schedule 1A, regard must be had to the desirability of

 

restricting Parts 3 and 4 to substances that meet each of the following

 

criteria—

 

(a)    

they are in common use, or are likely to come into common

 

use, for purposes other than the treatment of human ailments,

 

and

 

(b)    

it is reasonably necessary to include them in one of those Parts

 

if members of the general public are to have adequate

 

facilities for obtaining them.”

 

5          

For section 3 substitute—

 

“3      

Activities prohibited without a licence

 

(1)    

A member of the general public commits an offence if he or she does

 

anything listed in subsection (2) without having a licence, or a

 

recognised non-GB licence, to do that thing with respect to that

 

substance.

 

(2)    

The things are—


 
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