Deregulation Bill (HC Bill 5)

(4) Penalty charges payable under section 20A are penalty charges for
the purposes of section 64 and, for the purposes of subsection (2)(b)
of section 64, they are to be treated as if they were payable under a
provision of Part 4.

(5) 5Schedule 4 applies in relation to the administration and enforcement
of section 20A as it applies in relation to the administration and
enforcement of section 61.”

4 (1) Section 23 (regulations relating to receptacles for waste: enforcement) is
amended as follows.

(2) 10In subsection (2), omit “subsection (1) of section 20 (regulations relating to
receptacles for household waste) or”.

(3) In subsection (4)—

(a) omit paragraph (e);

(b) in paragraph (f), omit “subsection (4) of the said section 20 or” and
15omit “as the case may be”.

(4) In the heading, after “receptacles for” insert “commercial or industrial”.

Section 39

SCHEDULE 12 Other measures relating to animals, food and the environment

Part 1 20Destructive imported animals

Destructive Imported Animals Act 1932 (c. 12)Destructive Imported Animals Act 1932 (c. 12)

1 (1) Section 10 of the Destructive Imported Animals Act 1932 (power to extend
provisions of Act to other destructive non-indigenous animals) is amended
as follows.

(2) 25In subsection (1), after “and to destroy any which may be at large” insert “or
keep under review whether any which may be at large should be
destroyed”.

(3) After subsection (1) insert—

“(1A) The power in subsection (1) includes power to revoke or amend an
30order made under that subsection.”

Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 (S.I. 1937/478S.I. 1937/478)

2 (1) Article 1 of the Grey Squirrels (Prohibition of Importation and Keeping)
Order 1937 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) 35After that paragraph insert—

“(2) In the application of the Destructive Imported Animals Act 1932 in
relation to animals of that species, there shall be omitted—

(a) section 5(2), and

(b) in section 6(1), paragraph (f) and the reference to a penalty
in the case of an offence under paragraph (f).”

Part 2 5Farriers

Constitution of Farriers Registration Council

3 (1) Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 (constitution of
the Farriers Registration Council) is amended as follows.

(2) In paragraph 1(f) (persons that may appoint one member of the Council)—

(a) 10for “The Jockey Club” substitute “The British Horseracing Authority
Limited”;

(b) for “The Council for Small Industries in Rural Areas” substitute “The
Secretary of State”.

(3) After paragraph 6 insert—

“6A 15The Secretary of State must consult the Scottish Ministers before
appointing a person as member of the Council under paragraph
1(f).”

Part 3 Joint waste authorities

20Removal of power to establish joint waste authorities in England

4 In the Local Government and Public Involvement in Health Act 2007, in Part
11 (joint waste authorities), omit sections 205 to 208 (provisions relating to
the establishment of joint waste authorities in England).

5 The provisions repealed by paragraph 4 continue to have effect for the
25purposes of the exercise by the Welsh Ministers of the power conferred on
them by section 210 of the Local Government and Public Involvement in
Health Act 2007 (power by order to make provision in relation to Wales
applying any provisions of sections 205 to 208 with modifications).

6 (1) The following amendments are made in consequence of paragraph 4.

(2) 30In the Landlord and Tenant Act 1954, in section 69(1), in the definition of
“local authority”, omit the words from “an authority” to “(joint waste
authorities),”.

(3) In the Trustee Investments Act 1961, in section 11(4)(a), omit the words from
“, an authority” to “(joint waste authorities)”.

(4) 35In the Leasehold Reform Act 1967, in section 28(5)(a), omit the words from
“any authority” to “(joint waste authorities),”.

(5) In the Employers’ Liability (Compulsory Insurance) Act 1969, in section
3(2)(b), omit the words from “an authority” to “(joint waste authorities),”.

(6) In the Local Authorities (Goods and Services) Act 1970, in section 1(4), in the
definition of “local authority”, omit the words from “, any authority” to
“(joint waste authorities)”.

(7) In the Local Government Act 1972—

(a) 5in section 70(1) and (3), for “, combined authority or joint waste
authority” substitute “or combined authority”;

(b) in section 80(2)(b), omit “, joint waste authority”;

(c) in section 85(4), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(d) 10in section 86(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(e) in section 92, omit subsections (7A) and (7B);

(f) in section 100J—

(i) in subsection (1), omit paragraph (ba);

(ii) 15in subsections (2) and (3), omit “(ba),”;

(iii) in subsection (4)(a), omit “, a joint waste authority”;

(g) in section 101(13), omit “a joint waste authority,”;

(h) in section 146A(1), omit “a joint waste authority,”;

(i) in section 175(3B), omit “, a joint waste authority”;

(j) 20in section 176(3), omit “, a joint waste authority”;

(k) in section 223(2), omit “a joint waste authority,”;

(l) in section 224(2), for “, combined authority or joint waste authority”
substitute “or combined authority”;

(m) in section 225(3), for “, a combined authority and a joint waste
25authority” substitute “and a combined authority”;

(n) in section 228, omit subsection (7B);

(o) in section 229(8), omit “, a joint waste authority”;

(p) in section 230(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(q) 30in section 231(4), omit “, a joint waste authority”;

(r) in section 232(1A), omit “, a joint waste authority”;

(s) in section 233(11), omit “, a joint waste authority”;

(t) in section 234(4), omit “, a joint waste authority”;

(u) in section 239(4A), for “, a combined authority and a joint waste
35authority” substitute “and a combined authority”;

(v) in section 270(1), omit the definition of “joint waste authority”.

(8) In the Employment Agencies Act 1973, in section 13(7), omit paragraph (fza).

(9) In the Local Government Act 1974—

(a) in section 25(1), omit paragraph (cd);

(b) 40in section 26C(6), omit paragraph (d).

(10) In the Health and Safety at Work etc. Act 1974, in section 28(6), omit the
words from “, an authority” to “(joint waste authorities)”.

(11) In the Local Government (Miscellaneous Provisions) Act 1976, in section
44(1), in the definition of “local authority”—

(a) 45in paragraph (a), omit the words from “, an authority” to “(joint
waste authorities)”;

(b) in paragraph (c), omit the words from “an authority” to “(joint waste
authorities),”.

(12) In the Rent (Agriculture) Act 1976, in section 5(3), omit paragraph (bba).

(13) In the Rent Act 1977, in section 14(1), omit paragraph (cba).

(14) 5In the Local Government, Planning and Land Act 1980—

(a) in section 2(1), omit paragraph (kaa);

(b) in section 98(8A), omit paragraph (ea) (but not the “and” following
it);

(c) in section 99(4), omit paragraph (dba);

(d) 10in section 100(1)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
established under section 103 of that Act”;

(e) in Schedule 16, omit paragraph 5BA.

(15) In the Acquisition of Land Act 1981, in section 17(4), in paragraph (a) of the
15definition of “local authority”, for the words from “, a combined authority”
to the end of the paragraph substitute “or a combined authority established
under section 103 of the Local Democracy, Economic Development and
Construction Act 2009”.

(16) In the Local Government (Miscellaneous Provisions) Act 1982—

(a) 20in section 33(9)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
established under section 103 of that Act”;

(b) in section 33(9)(b), for “, combined authority or joint waste authority”
substitute “or combined authority”;

(c) 25in section 41(13), in the definition of “local authority”, omit
paragraph (ea) (but not the “and” following it).

(17) In the Stock Transfer Act 1982, in Schedule 1, in paragraph 7(2)(a), omit the
words from “, an authority” to “(joint waste authorities)”.

(18) In the County Courts Act 1984, in section 60(3), in the definition of “local
30authority”, omit the words from “an authority” to “(joint waste
authorities),”.

(19) In the Housing Act 1985, in section 4—

(a) in subsection (1)(e), omit “, a joint waste authority” (in both places it
occurs);

(b) 35in subsection (2), omit the definition of “joint waste authority”.

(20) In the Landlord and Tenant Act 1985, in section 38, in the definition of “local
authority”, omit the words from “, an authority” to “(joint waste
authorities)”.

(21) In the Local Government Act 1988, in Schedule 2, omit the entry relating to
40an authority established for an area in England by an order under section
207 of the Local Government and Public Involvement in Health Act 2007.

(22) In the Housing Act 1988, in Schedule 1, in paragraph 12(1), omit paragraph
(fa).

(23) In the Road Traffic Act 1988, in section 144(2)(a)(i), omit the words from “an
45authority” to “(joint waste authorities),”.

(24) In the Local Government and Housing Act 1989—

(a) in section 21(1), omit paragraph (ga);

(b) in section 152(2), omit paragraph (ia).

(25) In the Environmental Protection Act 1990, in section 52(1A), omit the words
5from “or any authority” to the end of the subsection.

(26) In the Local Government (Overseas Assistance) Act 1993, in section 1(10),
omit paragraph (da).

(27) In the Deregulation and Contracting Out Act 1994, in section 79A, omit
paragraph (p).

(28) 10In the Housing Grants, Construction and Regeneration Act 1996, in section
3(2), omit paragraph (ja).

(29) In the Audit Commission Act 1998, in Schedule 2, in paragraph 1, omit
paragraph (ma).

(30) In the Local Government Act 1999, in section 1(1), omit paragraph (ga).

(31) 15In the Freedom of Information Act 2000, in Schedule 1, omit paragraph 15A.

(32) In the Local Government Act 2003—

(a) in section 23(1), omit paragraph (ka);

(b) in section 33(1), omit paragraph (ja).

(33) In the Waste and Emissions Trading Act 2003, in section 24—

(a) 20in subsection (5), for the words before ““waste disposal authority””
substitute “In this Chapter”;

(b) omit subsections (6) and (7).

(34) In the Local Government and Public Involvement in Health Act 2007—

(a) in section 104(2), omit paragraph (g);

(b) 25omit sections 209 and 211 and Schedule 13;

(c) in section 240(6), omit “, 207”.

(35) In the Local Democracy, Economic Development and Construction Act
2009—

(a) in section 35(2), omit paragraph (m);

(b) 30in section 123(2), omit paragraph (f).

Part 4 Air quality

Removal of duty to conduct further air quality assessments

7 In the Environment Act 1995, in section 84 (duties of local authorities in
35relation to designated areas)—

(a) omit subsection (1) (duty of local authority to cause further
assessment to be made in relation to air quality in designated air
quality management area);

(b) in subsection (2), for the words from the beginning to “to” at the
40beginning of paragraph (b) substitute “Where an order under section
83 above comes into operation, the local authority which made the
order shall”.

8 (1) The following amendments are made in consequence of paragraph 7.

(2) In the Environment Act 1995—

(a) in section 86(2)(b), omit “or 84”;

(b) in section 91(1), in the definition of “action plan”, for “84(2)(b)”
5substitute “84(2)”;

(c) in Schedule 11, in paragraphs 1(1)(b) and 4(2)(b), omit “or 84”.

Part 5 Noise abatement zones

Removal of power of local authorities to designate area as noise abatement zone

9 10Part 3 of the Control of Pollution Act 1974 (noise) is amended in accordance
with paragraphs 10 to 14.

10 Omit section 57 (local authority duty to conduct periodical inspections to
decide how to exercise powers concerning noise abatement zones).

11 Omit sections 63 to 67 (noise abatement zones).

12 15Omit section 69 (execution of works by local authority).

13 In section 73 (interpretation and other supplementary provisions)—

(a) in subsection (1), omit the definitions of “noise abatement order”,
“noise abatement zone”, “noise level register”, “noise reduction
notice” and “person responsible”;

(b) 20in subsection (2), for “sections 62 to 67” (in both places where it
occurs) substitute “section 62”.

14 Omit Schedule 1 (provisions applying to coming into operation of noise
abatement orders).

15 (1) The following repeals are made in consequence of paragraphs 11 and 14.

(2) 25In the Control of Pollution Act 1974, in section 104(1), omit the words from
“(except sections” to “65(6))”.

(3) In the Local Government, Planning and Land Act 1980, in Schedule 2, omit
paragraphs 14 and 18.

(4) In the Environmental Protection Act 1990, in Schedule 15, omit paragraph
3015(4).

Section 44

SCHEDULE 13 Abolition of office of the Chief Executive of Skills Funding

Part 1 Main amendments

1 35Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 (the
Chief Executive of Skills Funding) is amended as follows.

2 Omit section 81 (the Chief Executive of Skills Funding) and the italic cross-
heading before it.

3 Omit section 82 (apprenticeship functions) and the italic cross-heading
before it.

4 5In section 83 (apprenticeship training for certain young persons), in each of
subsections (1) to (3), for “Chief Executive” substitute “Secretary of State”.

5 (1) Section 83A (the apprenticeship offer) is amended as follows.

(2) In each of subsections (1) and (9), for “Chief Executive” substitute “Secretary
of State”.

(3) 10Omit subsection (10).

6 In section 83B (limit on scope of the apprenticeship offer), in each of
subsections (1) and (5), for “Chief Executive” substitute “Secretary of State”.

7 Omit section 84 (arrangements and co-operation with local authorities).

8 Omit section 85 (provision of apprenticeship training etc for persons within
15section 83 or 83A).

9 (1) Section 86 (education and training for persons aged 19 or over and others
subject to adult detention) is amended as follows.

(2) In subsection (1), for “Chief Executive” substitute “Secretary of State”.

(3) Omit subsection (3).

(4) 20In subsection (4) —

(a) for “Chief Executive” (in each place where it occurs) substitute
“Secretary of State”;

(b) omit paragraph (i).

10 (1) Section 87 (learning aims for persons aged 19 or over: provision of facilities)
25is amended as follows.

(2) In each of subsections (1) and (3), for “Chief Executive” substitute “Secretary
of State”.

(3) In subsection (5) —

(a) for “Chief Executive” substitute “Secretary of State”;

(b) 30omit paragraph (f).

11 In section 88 (learning aims for persons aged 19 or over: payment of tuition
fees), in each of subsections (1), (2), (2A), (3), (4) and (6)(a), for “Chief
Executive” substitute “Secretary of State”.

12 In section 90 (encouragement of education and training for certain persons),
35in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “Chief Executive’s remit” (in each place where it occurs)
substitute “Secretary of State’s remit under this Part”.

13 (1) Section 100 (provision of financial resources) is amended as follows.

(2) 40In subsection (1)—

(a) in the opening words, for “Chief Executive” substitute “Secretary of
State”;

(b) in paragraph (a), for “Chief Executive’s remit” substitute “Secretary
of State’s remit under this Part”;

(c) 5omit paragraph (f).

(3) Omit subsection (2).

(4) In subsection (3)—

(a) in the opening words, for “Chief Executive” substitute “Secretary of
State”;

(b) 10in paragraph (c), for “Chief Executive” substitute “Secretary of
State”.

(5) In subsection (4), for “Chief Executive” substitute “Secretary of State”.

14 (1) Section 101 (financial resources: conditions) is amended as follows.

(2) In subsection (1), for “by the Chief Executive” substitute “by the Secretary of
15State under section 100”.

(3) In subsection (3)—

(a) in paragraph (a), for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(b) in paragraph (b)—

(i) 20for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(ii) for “the functions of the office” substitute “functions under
this Part”.

(4) In subsection (6)—

(a) 25in paragraph (a), for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(b) in paragraph (b), for “Chief Executive” substitute “Secretary of
State”.

15 (1) Section 102 (performance assessments) is amended as follows.

(2) 30In subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “Chief Executive’s remit” substitute “Secretary of State’s remit
under this Part”.

16 (1) 35Section 103 (means tests) is amended as follows.

(2) In subsection (1), for “The Chief Executive” substitute “For the purpose of
the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of
State”.

(3) Omit subsection (2).

17 40In section 105 (promoting progression from level 2 to level 3
apprenticeships), in each of subsections (1) and (6), for “Chief Executive”
substitute “Secretary of State”.

18 Omit section 106 (advice and assistance in relation to apprenticeships).

19 (1) Section 107 (provision of services) is amended as follows.

(2) In each of subsections (1) and (3) for “Chief Executive” (in each place where
it occurs) substitute “Secretary of State”.

(3) In subsection (4), omit paragraph (a).

(4) 5Omit subsection (5).

(5) In subsection (6), for “Chief Executive” substitute “Secretary of State”.

20 Omit sections 108 and 109 (advice and assistance with respect to
employment and training).

21 Omit section 110 (research, information and advice) and the italic cross-
10heading before it.

22 Omit section 111 (power to confer supplementary functions on Chief
Executive).

23 In section 115 (persons with learning difficulties), in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) 15for “the functions of the office” substitute “functions under this Part”.

24 In section 116 (persons subject to adult detention)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “the functions of the office” substitute “functions under this Part”.

25 Omit sections 117 to 120 (information, guidance and directions).

26 20Before section 121 (in Chapter 4) insert—

“120A Territorial application of Part

The functions of the Secretary of State under this Part, other than the
functions conferred by section 107, are exercisable in relation to
England only.”

27 (1) 25Section 121 (interpretation) is amended as follows.

(2) In subsection (1), omit the definition of “functions of the office”.

(3) In each of subsections (2) and (3), for “the Chief Executive’s remit” substitute
“the Secretary of State’s remit under this Part”.

28 In section 122 (sharing of information for education and training
30purposes)—

(a) omit subsection (3)(a), (c), (d) and (e);

(b) in subsection (3)(f), for “any person within paragraphs (a) to (c)”
substitute “the Secretary of State”;

(c) omit subsection (5)(a);

(d) 35omit subsection (6).

29 Omit Schedule 4 (which makes provision for the establishment etc of the
office of the Chief Executive).

30 In Schedule 5 (learning aims for persons aged 19 or over)—

(a) in paragraph 3(2), for “Chief Executive” (in each place where it
40occurs) substitute “Secretary of State”;

(b) in paragraph 8, omit paragraph (a).

31 In consequence of the amendments made by this Schedule to Part 4—

(a) for the title of the Part substitute “Apprenticeships and adult
education and training: role of Secretary of State”;

(b) for the title of Chapter 1 substitute “Apprenticeships and adult
5education and training”;

(c) for the title of Chapter 2 substitute “Provision of services to other
bodies”;

(d) in the title of Chapter 3, omit “Chief Executive’s functions:”.

Part 2 10Consequential Amendments

Parliamentary Commissioner Act 1967 (c.13)1967 (c.13)

32 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry for the Chief Executive of Skills
Funding.

15Education (Fees and Awards) Act 1983 (c.40)1983 (c.40)

33 In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and other further education establishments), in subsection (3)(f), omit “or
the Chief Executive of Skills Funding”.

Further and Higher Education Act 1992 (c.13)1992 (c.13)

34 20The Further and Higher Education Act 1992 is amended as follows.

35 In section 22ZA (subsequent instruments and articles: Wales)—

(a) omit subsection (3);

(b) omit subsection (6)(b), and the “and” before it.

36 In section 27C (dissolution of further education corporations: Wales), in
25subsection (6)(b), for “the Chief Executive of Skills Funding” (in each place
where it occurs) substitute “the Secretary of State”.

37 In section 54 (duty to give information), in subsection (1)—

(a) for “the Chief Executive of Skills Funding” substitute “the Secretary
of State”;

(b) 30for “as the Chief Executive” substitute “as the Secretary of State”;

(c) for the words from “for the purposes of” to “or (as the case may be)”
substitute “for the purposes of the exercise of any of the functions of
the Secretary of State under Part 4 of the Apprenticeships, Skills,
Children and Learning Act 2009 or (as the case may be) for the
35purposes of the exercise of any of the functions of”.

38 Omit section 61A (references to appropriate bodies).

39 In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief
Executive of Skills Funding,”.

40 In section 83 (efficiency studies), in the Table inserted by subsection (1B), in
40the first column, for “The Chief Executive of Skills Funding” substitute “The
Secretary of State”.