Deregulation Bill (HC Bill 5)

(3) However, the restriction in subsection (2) ceases to apply if the
counter notice is revoked under section 110K or quashed by a court.

(4) For the purposes of this section, a body is an associate of another
body if it would be an associate of the other body for the purposes of
5the Estate Agents Act 1979 (see section 32(4) to (6) of that Act).

110F Date when Part 5A notice takes effect

(1) A Part 5A notice takes effect on the date specified under section
110D(8).

(2) Subsection (1) does not apply if a counter notice is given under
10section 110J in relation to the notice.

(For the case where a counter notice is revoked or quashed by a court,
see section 110K(2).)

(For the case where a counter notice is revoked or quashed by a court,
see section 110K(2).)

110G 15 Acknowledgement of notice etc

(1) This section applies where a relevant licensing authority receives a
notice that is, or purports to be, a Part 5A notice.

(2) The authority must give written acknowledgement of the receipt of
the notice to the person who gave it.

(3) 20The acknowledgment must be given—

(a) before the end of the first working day following the day on
which it was received, or

(b) if the day on which it was received was not a working day,
before the end of the second working day following that day.

(4) 25If the licensing authority is of the opinion that the notice does not
comply with section 110D, the authority must as soon as possible
give to the person who gave the notice written notification of the
reasons for its opinion.

(5) Subsection (2) does not apply where, before the time by which
30acknowledgement of the receipt of the notice must be given in
accordance with subsection (3), the person who gave the notice has
been given a counter notice under section 110J.

110H Theft, loss etc of Part 5A notice

(1) Where a Part 5A notice is lost, stolen, damaged or destroyed, the
35person who gave the notice may apply to the relevant licensing
authority for a copy of the notice.

(2) The application must be accompanied by the prescribed fee.

(3) Where an application is made in accordance with this section, the
licensing authority must issue the applicant with a copy of the notice
40(certified by the authority to be a true copy) if it is satisfied that the
notice has been lost, stolen, damaged or destroyed.

(4) This Act applies in relation to a copy issued under this section as it
applies in relation to an original notice.

Objections and counter notices

110I Objection to Part 5A notice by a relevant person

(1) Where a relevant person who is given a Part 5A notice is satisfied
that allowing alcohol to be sold on the premises (or any of the
5premises) to which the notice relates would undermine a licensing
objective, the relevant person must give a notice stating the reasons
for being so satisfied (an “objection notice”)—

(a) to the relevant licensing authority,

(b) to the person who gave the Part 5A notice, and

(c) 10to every other relevant person.

(2) Subsection (1) does not apply at any time after the relevant person
has received a copy of a counter notice under section 110J in relation
to the Part 5A notice.

(3) An objection notice may be given only during the period beginning
15with the day on which the relevant person is given the Part 5A notice
and ending with the third working day following that day (“the
three-day period”).

(4) The restriction in subsection (3) does not apply to an objection notice
based on—

(a) 20things occurring after the end of the three-day period, or

(b) information that the relevant person was unaware of, and
could not with reasonable diligence have discovered, until
after the end of that period.

110J Counter notices

(1) 25Where a relevant licensing authority receives a Part 5A notice, the
relevant licensing authority may—

(a) give the person who gave the Part 5A notice a counter notice
under this section;

(b) give a copy of the counter notice to each relevant person.

(2) 30Where the relevant licensing authority receives an objection notice
given in compliance with the requirement imposed by section
110I(3), the relevant licensing authority must decide whether to give
a counter notice (and, if it does so decide, give that notice) no later
than whichever of the following is the earlier—

(a) 35the day before the date when the Part 5A notice would take
effect (see section 110D(8));

(b) the expiry of the period of 28 days beginning with the day on
which the objection notice is received by the relevant
licensing authority.

(3) 40The power conferred by subsection (1) may not be exercised at any
time after the Part 5A notice takes effect unless an objection notice
under section 110I has been given, by virtue of subsection (4) of that
section, in relation to the notice.

(4) The counter notice must—

(a) 45be in the prescribed form, and

(b) be given in the prescribed manner.

110K Counter notices: revocation etc

(1) A relevant licensing authority must revoke a counter notice given
under section 110J if—

(a) the counter notice was given in consequence of one or more
5objection notices under section 110I, and

(b) the objection notice or (as the case may be) each of them is
withdrawn by the person who gave it or is quashed by a
court.

(2) Where a counter notice is revoked or is quashed by a court—

(a) 10the counter notice is disregarded for the purposes of section
110A(3), except in relation to any time before the day on
which it is revoked or quashed,

(b) the Part 5A notice takes effect on that day, and

(c) the relevant licensing authority must as soon as possible
15notify the person who gave the Part 5A notice of the date on
which it takes effect.

Rights of entry, production of notice, etc

110L Right of entry where Part 5A notice given

(1) A constable or an authorised officer may, at any reasonable time,
20enter premises to which a Part 5A notice relates to assess the likely
effect of the notice on the promotion of the crime prevention
objective.

(2) An authorised officer exercising the power conferred by this section
must, if so requested, produce evidence of the officer’s authority to
25exercise the power.

(3) It is an offence intentionally to obstruct an authorised officer
exercising a power conferred by this section.

(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.

(5) 30In this section “authorised officer” means—

(a) an officer of the licensing authority in whose area the
premises are situated, or

(b) if the premises are situated in the area of more than one
licensing authority, an officer of any of those authorities,

35authorised for the purposes of this Act.

110M Duty to keep and produce Part 5A notice

(1) This section applies whenever premises are being used for sales of
alcohol which are, or are purported to be, permitted sales by virtue
of this Part.

(2) 40The person who gave the Part 5A notice must secure that a copy of
the notice is either—

(a) prominently displayed at the premises, or

(b) kept at the premises in the custody of that person or of
someone who is present and working at the premises and

whom that person has nominated for the purposes of this
section (a “nominated person”).

(3) Where a copy of the Part 5A notice is kept in the custody of a
nominated person (and not prominently displayed at the premises)
5the person who gave the Part 5A notice must secure that a notice—

(a) stating that the Part 5A notice is in the nominated person’s
custody, and

(b) specifying the position held at the premises by the nominated
person,

10is prominently displayed at the premises.

(4) It is an offence for the person who gave the Part 5A notice to fail,
without reasonable excuse, to comply with subsection (2) or (where
it applies) subsection (3).

(5) Where—

(a) 15a copy of the Part 5A notice is not prominently displayed at
the premises, and

(b) no notice is displayed as mentioned in subsection (3),

a constable or authorised officer may require the person who gave
the Part 5A notice to produce a copy of it for examination.

(6) 20Where a notice is displayed as mentioned in subsection (3), a
constable or authorised officer may require the nominated person to
produce a copy of the Part 5A notice for examination.

(7) An authorised officer exercising the power conferred by subsection
(5) or (6) must, if so requested, produce evidence of the officer’s
25authority to exercise the power.

(8) It is an offence for a person to fail, without reasonable excuse, to
produce a copy of a Part 5A notice in accordance with a requirement
under subsection (5) or (6).

(9) A person guilty of an offence under this section is liable on summary
30conviction to a fine not exceeding level 2 on the standard scale.

(10) In this section “authorised officer” has the meaning given in section
110L(5).

Supplementary

110N The relevant licensing authority

(1) 35For the purposes of this Part, the “relevant licensing authority”, in
relation to any premises, is determined in accordance with this
section.

(2) In the case of a Part 5A notice that specifies the ancillary business
sales conditions or in the case of Part 5A notice that specifies the
40community event conditions in relation to only one set of premises,
the relevant licensing authority is, subject to subsection (3), the
authority in whose area the premises are situated.

(3) Where the premises are situated in the areas of two or more licensing
authorities, the relevant licensing authority is—

(a) the licensing authority in whose area the greater or greatest
part of the premises is situated, or

(b) if there is no authority to which paragraph (a) applies, such
one of the authorities as the person giving the Part 5A notice
5may choose.

(4) In the case of a Part 5A notice that specifies the community event
conditions in relation to more than one set of premises, the relevant
licensing authority is—

(a) if there is only one licensing authority in whose area each set
10of premises is wholly or partly situated, that licensing
authority;

(b) if each set of premises falls partly in the area of one authority
and also partly in the area of another, such one of them as the
person giving the Part 5A notice may choose.”

Section 49

15SCHEDULE 17 Amendments consequential on section 49

Licensing Act 2003 (c. 17)2003 (c. 17)

1 The Licensing Act 2003 is amended as follows.

2 In section 10 (sub-delegation of functions by licensing committee etc), omit
20subsection (4)(a)(xi).

3 In section 115 (period of validity of personal licence), omit subsection (2)(b)
and (c).

4 (1) In the italic heading before section 117 (application for grant or renewal of
personal licence), omit “and renewal”.

(2) 25In the heading, omit “or renewal”.

(3) Omit subsection (1).

(4) In subsection (2), after “An application” insert “by an individual”.

(5) Omit subsections (3), (4) and (6).

5 Omit section 119 (licence continued pending renewal).

6 30Omit section 121 (determination of application for renewal).

7 (1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (3), in the definition of “application” omit “or renewal”.

(3) In the definition of “objection notice” in that subsection, omit “or 121, as the
case may be”.

8 35In section 123 (duty to notify licensing authority of convictions during
application period), omit “or renewal” in subsections (1) and (4)(a).

9 (1) Section 124 (convictions coming to light after grant or renewal) is amended
as follows.

(2) In the heading omit “or renewal”.

(3) In subsection (1), omit “or renewed”.

(4) In subsection (7), omit “or renewal” (in each place where it occurs).

10 In section 128 (duty to notify court of personal licence), omit subsection
5(5)(a) and (c).

11 In section 134 (licensing authority’s duty to update licence document), in
subsection (1)(a), omit “121 or”.

12 In section 158 (false statements made for the purpose of the Licensing Act),
in subsection (1)(d), omit “or renewal”.

13 10In Schedule 3 (matters to be entered in licensing register), in paragraph (w),
omit “or renewal”.

14 (1) In Schedule 5 (appeals), paragraph 17 is amended as follows.

(2) In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of
paragraph (a).

(3) 15Omit sub-paragraph (3).

(4) In sub-paragraph (5), omit “or renewal”.

(5) Omit sub-paragraphs (9) to (11).

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

15 In section 111 of the Police Reform and Social Responsibility Act 2011 (which
20makes an amendment to section 121 of the Licensing Act 2003, repealed by
paragraph 6 above), omit subsection (4).

Section 69

SCHEDULE 18 Removal of consultation requirements

Part 1 25Measures affecting England only

National Parks and Access to the Countryside Act 1949: making of byelaws

1 In section 91 of the National Parks and Access to the Countryside Act 1949
(default powers of Secretary of State as to certain byelaws), in the proviso to
subsection (1) (beginning with the words “Provided that”)—

(a) 30after “natural beauty” insert “in Wales”;

(b) omit “Natural England (as regards land or waterways in England)
or”;

(c) omit “(as regards land or waterways in Wales)”.

Pests Act 1954: designation of rabbit clearance areas

2 35In section 1 of the Pests Act 1954 (designation of rabbit clearance areas), after

subsection (11) insert—

“(11A) The requirement in subsection (11)(a) does not apply to an order
which applies only in relation to England.”

Agriculture and Horticulture Act 1964: grading etc of horticultural produce

3 5In section 23 of the Agriculture and Horticulture Act 1964 (regulations and
orders under Part 3 of that Act), after subsection (1) insert—

“(1A) Subsection (1) does not apply to regulations which apply, or to an
order which applies, only in relation to England.”

Control of Pollution Act 1974: reduction of noise from plant or machinery

4 10In section 68 of the Control of Pollution Act 1974 (regulations for reducing
noise from plant or machinery), after subsection (2) insert—

“(2A) Subsection (2) does not apply to regulations which apply only in
relation to England.”

Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements

5 15In section 7 of the Agriculture (Miscellaneous Provisions) Act 1976
(metrication of measurements), after subsection (4) insert—

“(4A) Subsection (4) does not apply to regulations which make
amendments that apply only in relation to England.”

Forestry Act 1979: metrication of measurements

6 20In section 2 of the Forestry Act 1979 (metrication of measurements), in
subsection (4), for the words from “Before” to “the appropriate authority”
substitute “Before any such regulations are made by the Welsh Ministers,
they”.

Derelict Land Act 1982: grants for reclaiming or improving derelict land etc

7 (1) 25In section 1 of the Derelict Land Act 1982 (powers of Secretary of State to
make grants for reclaiming or improving derelict land etc), omit subsection
(6A).

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 99.

30Horticultural Produce Act 1986: movement of horticultural produce

8 In section 3 of the Horticultural Produce Act 1986 (orders to amend that Act
in connection with the movement of horticultural produce), after subsection
(2) insert—

“(2A) Subsection (2) does not apply to an order which makes amendments
35that apply only in relation to England.”

Housing Act 1988: designation of Housing Action Trust Areas

9 In section 61 of the Housing Act 1988 (consultation and publicity prior to the
designation of a housing action trust area), in subsection (1) (which requires
consultation with every local housing authority any part of whose district is
5to be included in the proposed designated area), after “designation order”
insert “in relation to Wales”.

Land Drainage Act 1991: codes of practice

10 In section 61E of the Land Drainage Act 1991, after subsection (4) insert—

“(5) Subsection (4) does not apply to an order which applies only in
10relation to England.”

Environment Act 1995: National Park grant

11 (1) In section 72 of the Environment Act 1995 (National Park grant), in
subsection (2)—

(a) after “National Park authority” insert “in Wales”;

(b) 15omit the words from “, according to whether” to “Natural England
or”.

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 144.

Environment Act 1995: hedgerows

12 20In section 97 of the Environment Act 1995 (hedgerows), after subsection (6)
insert—

“(6A) Subsection (6)(d) does not apply to regulations which apply only in
relation to England.”

Environment Act 1995: environmental subordinate legislation

13 25Omit section 99 of the Environment Act 1995 (consultation before making or
modifying certain subordinate legislation for England).

Local Government Act 1999: keeping of accounts by best value authorities

14 (1) In section 23 of the Local Government Act 1999 (regulations about the
keeping of accounts by best value authorities), omit subsection (4).

(2) 30In consequence of sub-paragraph (1), in the Public Audit (Wales) Act 2004,
in Schedule 1, omit paragraph 14.

Countryside and Rights of Way Act 2000: grants to conservation boards

15 (1) In section 91 of the Countryside and Rights of Way Act 2000 (grants to
conservation boards), omit subsection (2).

(2) 35In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 164(e).

Fire and Rescue Services Act 2004: schemes for combining fire and rescue authorities

16 (1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), after
subsection (6) insert—

“(6A) 5The duty to consult under subsection (6) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
in England, and

(b) the variation or revocation has been proposed by the fire and
rescue authority.”

(3) 10In section 4 (which makes provision for the continuation, variation and
revocation of schemes for combining fire authorities under the Fire Services
Act 1947), after subsection (5) insert—

“(5A) The duty to consult under subsection (5) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
15in England, and

(b) the variation or revocation has been proposed by the fire and
rescue authority.”

Part 2 Measures affecting England and Wales

20Water Industry Act 1991: provision of sewers

17 In section 101A of the Water Industry Act 1991 (further duty of sewerage
undertaker to provide sewers), in subsection (5), omit the words from the
beginning to “and” in the closing words.

Local Government Act 2003: commencement of BID arrangements following appeal

18 25In section 53 of the Local Government Act 2003 (commencement of BID
arrangements), omit subsection (7).

Section 72

SCHEDULE 19 Legislation no longer of practical use

Part 1 30Companies

Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

1 Omit section 1175 of, and Schedule 9 to, the Companies Act 2006 (which
make amendments of Part 7 of the Companies Act 1985 and Part 8 of the
Companies (Northern Ireland) Order 1986).

Part 2 Industry

Newspaper Libel and Registration Act 1881 (c. 60)Newspaper Libel and Registration Act 1881 (c. 60)

2 In the Newspaper Libel and Registration Act 1881, omit sections 7 to 18 and
5Schedules A and B (provisions relating to a register of proprietors of
newspapers other than newspapers belonging to companies formed and
registered under the Companies Act 2006 or incorporated in another EEA
state).

3 In consequence of paragraph 2, in section 1 of the Newspaper Libel and
10Registration Act 1881, omit the definitions of “registrar”, “occupation” and
“place of residence”.

Mining Industry Act 1920 (c. 50)Mining Industry Act 1920 (c. 50)

4 The Mining Industry Act 1920 is repealed.

5 In consequence of paragraph 4, in Schedule 4 to the Mines and Quarries Act
151954, omit the entry for the Mining Industry Act 1920.

Mining Industry Act 1926 (c. 28)Mining Industry Act 1926 (c. 28)

6 (1) In the Mining Industry Act 1926, omit section 20 (which confers power on
coal-mining companies to establish profit sharing schemes irrespective of
the terms of their articles of association).

(2) 20The repeal made by sub-paragraph (1) is to have no effect in relation to any
scheme still in existence that was established, and is being carried on, in
reliance on the power conferred by section 20 of the Mining Industry Act
1926.

Industry Act 1972 (c. 63)Industry Act 1972 (c. 63)

7 25In the Industry Act 1972, in Schedule 3 (shipbuilding: transitional
provisions), omit paragraph 1(b)(ii) (saving provision for the Shipbuilding
Industry Board (Dissolution Provisions) Order 1971 (S.I. 1971/1939S.I. 1971/1939)).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)Aircraft and Shipbuilding Industries Act 1977 (c. 3)

8 The Aircraft and Shipbuilding Industries Act 1977 is repealed.

9 (1) 30The following amendments are made in consequence of paragraph 8.

(2) In the Civil Aviation Act 1982, in Schedule 15, omit paragraph 18.

(3) In the Companies Act 1989, in Schedule 18, omit paragraph 16.

British Steel Act 1988 (c. 35)British Steel Act 1988 (c. 35)

10 The British Steel Act 1988 is amended in accordance with paragraphs 11 and
3512.

11 (1) Omit section 6 (target investment limit for Government shareholding in
successor company to British Steel Corporation).