Deregulation Bill (HC Bill 5)
SCHEDULE 19 continued PART 2 continued
Contents page 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-176 Last page
Deregulation BillPage 170
(2) In consequence of sub-paragraph (1)—
(a) in section 4(1), omit “Subject to section 6(5),”;
(b) in section 13(2), omit “6 or”.
12
In Schedule 3 (transitional provisions and savings), omit paragraph 10
5(saving provision for regulations made under section 24 of the Iron and Steel
Act 1953 (compensation to officers and servants) or having effect as if made
under paragraph 2 of Schedule 4 to the Iron and Steel Act 1975
(compensation to employees)).
European Communities (Definition of Treaties) (International Railway Tariffs Agreements)
10Order 1980 (S.I. 1980/1094S.I. 1980/1094)
13
The European Communities (Definition of Treaties) (International Railway
Tariffs Agreements) Order 1980 is revoked.
Part 3 Energy
15Atomic Energy Act 1946 (c. 80)Atomic Energy Act 1946 (c. 80)
14
Omit sections 6 and 7 of, and Schedule 1 to, the Atomic Energy Act 1946
(which confer powers to do work for the purpose of discovering certain
minerals and to compulsorily acquire rights to work such minerals).
15 (1) The following amendments are made in consequence of paragraph 14.
(2) 20In the 1946 Act—
(a)
in section 15(1), omit the words “, except an order made under
section seven thereof or an order varying or revoking such an
order,”;
(b)
in section 16, omit the words from “Provided that” to the end of the
25section;
(c) in section 19, omit paragraphs (c) and (d);
(d)
in section 20(1), omit the words “, except sections six and seven
thereof,”.
(3) In the Atomic Energy Authority Act 1954, in Schedule 3, omit—
(a) 30the paragraph beginning “In subsection (1) of section seven”;
(b) the paragraph beginning “At the end of section sixteen”;
(c) the paragraph beginning “In paragraph (c) of section nineteen”.
Energy Act 1976 (c. 76)Energy Act 1976 (c. 76)
16
Omit section 9 of the Energy Act 1976 (which requires the consent of the
35Secretary of State for offshore natural gas to be subjected in Great Britain to
certain processes of liquefaction which result in the production of liquid
methane or ethane).
17 In consequence of paragraph 16—
(a)
in the Oil and Gas (Enterprise) Act 1982, in Schedule 3, omit
40paragraph 37;
(b) in the Gas Act 1995, in Schedule 4, omit paragraph 11(1);
(c) in the Petroleum Act 1998, in Schedule 4, omit paragraph 12.
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Nuclear Industry (Finance) Act 1977 (c. 7)Nuclear Industry (Finance) Act 1977 (c. 7)
18
Omit section 3 of the Nuclear Industry (Finance) Act 1977 (which provides
for expenditure which the Secretary of State may incur with a view to, or in
connection with, the acquisition of shares etc in the National Nuclear
5Corporation Limited to be paid out of money provided by Parliament).
Sustainable Energy Act 2003 (c. 30)Sustainable Energy Act 2003 (c. 30)
19
Omit section 7 of the Sustainable Energy Act 2003 (which required the Gas
and Electricity Markets Authority to pay into the Consolidated Fund
amounts of up to £60 million, on the Secretary of State’s direction, for the
10Secretary of State then to spend on promoting the use of energy from
renewable sources).
Electricity and Gas (Energy Efficiency Obligations) Orders
20
The following Orders (which impose energy efficiency obligations on
certain gas and electricity suppliers for periods which have now expired) are
15revoked—
(a)
the Electricity and Gas (Energy Efficiency Obligations) Order 2001
(S.I. 2001/4011S.I. 2001/4011);
(b)
the Electricity and Gas (Energy Efficiency Obligations) Order 2004
(S.I. 2004/3392S.I. 2004/3392).
21
20In consequence of paragraph 20, the Electricity and Gas (Energy Efficiency
Obligations) (Amendment) Order 2003 (S.I. 2003/1180S.I. 2003/1180) is revoked.
Part 4 Transport
Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)
22
(1)
25Omit section 64A of the Road Traffic Act 1988 (which makes it an offence to
use certain unregistered vehicles on a road without an EC certificate of
conformity).
(2) In consequence of sub-paragraph (1)—
(a)
in section 183(2) of the Road Traffic Act 1988 (which makes provision
30about the application of certain provisions of that Act to vehicles in
the public service of the Crown), for “sections 64A, 65 and 65A”
substitute “sections 65 and 65A”;
(b)
in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
(prosecution and punishment of offences under the Traffic Acts),
35omit the entry relating to section 64A of the Road Traffic Act 1988.
Part 5 Environment
Farm and Garden Chemicals Act 1967 (c. 50)Farm and Garden Chemicals Act 1967 (c. 50)
23 The Farm and Garden Chemicals Act 1967 is repealed.
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24 (1) The following amendments are made in consequence of paragraph 23.
(2) In the Food Safety Act 1990, in Schedule 3, omit paragraph 5.
(3)
In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 3, omit
the entry for the Farm and Garden Chemicals Act 1967.
5Merchant Shipping Act 1988 (c. 12)Merchant Shipping Act 1988 (c. 12)
25 The Merchant Shipping Act 1988 is repealed.
Statutory Water Companies Act 1991 (c. 58)Statutory Water Companies Act 1991 (c. 58)
26 The Statutory Water Companies Act 1991 is repealed.
27 (1) The following amendments are made in consequence of paragraph 26.
(2) 10In the Water Act 1983—
(a) omit section 3(5)(b);
(b)
in section 10, omit the definition of “statutory water company” (but
not the “and” following it).
(3)
In the Water Act 1989, in section 174(8), omit “the Statutory Water
15Companies Act 1991,”.
(4) In the Water Industry Act 1991—
(a) in section 5(5), omit “the Statutory Water Companies Act 1991,”;
(b) in section 6(5)—
(i) after “water undertaker” insert “or a sewerage undertaker”;
(ii)
20omit the words from “or a statutory water company” to the
end of the subsection;
(c) in section 202(6), omit “the Statutory Water Companies Act 1991,”;
(d) in section 206(10), omit “the Statutory Water Companies Act 1991,”;
(e) in Schedule 3—
(i) 25omit paragraph 1(b) and the “and” before it;
(ii) omit paragraph 2(b) (but not the “and” following it);
(iii) omit paragraph 5(3);
(iv)
in paragraph 7(4), omit paragraph (a) and the “and”
following it;
(v) 30in paragraph 7(4)(b), omit “in any other case,”;
(vi)
in paragraph 8, omit paragraph (a) and the “and” following
it;
(vii) in paragraph 8(b), omit “in any other case,”;
(viii)
in paragraph 9, in the substituted subsection (1)(c) of section
3523 of the 1986 Act, omit the words from the beginning of the
paragraph to “that is not a limited company,”;
(ix)
in paragraph 9, in the substituted subsection (2) of section 23
of the 1986 Act, omit the words from “, except where the
company” to “is not a limited company,”;
(f)
40in Schedule 13, in paragraph 4, omit the words from “(including,” to
the end of the paragraph.
(5)
In the Water Resources Act 1991, in section 204(7), omit “the Statutory Water
Companies Act 1991,”.
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(6)
In the Enterprise Act 2002, in Schedule 15, omit the entry for the Statutory
Water Companies Act 1991.
(7)
In the Companies Act 2006, in section 994(3), omit paragraph (b) and the “or”
before it.
5Sea Fish (Conservation) Act 1992 (c. 60)Sea Fish (Conservation) Act 1992 (c. 60)
28
Omit section 10 of the Sea Fish (Conservation) Act 1992 (which requires a
report on the operation of the Act to be laid before Parliament within the
period of 6 months beginning with 1 January 1997).
Part 6 10Animals and Food
Agricultural Produce (Grading and Marking) Acts 1928 and 1931
29
The Agricultural Produce (Grading and Marking) Act 1928 and the
Agricultural Produce (Grading and Marking) Amendment Act 1931 are
repealed.
30 (1) 15The following amendments are made in consequence of paragraph 29.
(2) In the Agriculture (Miscellaneous Provisions) Act 1963, omit section 23.
(3) In the Agriculture and Horticulture Act 1964, omit section 22(1).
(4)
In the Criminal Justice Act 1967, in Part 1 of Schedule 3, omit the entries for
the Agricultural Produce (Grading and Marking) Act 1928 and the
20Agricultural Produce (Grading and Marking) Amendment Act 1931.
(5) In the Trade Descriptions Act 1968—
(a) omit section 2(4)(b);
(b) in Schedule 1, omit paragraph 3.
(6)
In the Local Government etc. (Scotland) Act 1994, in Schedule 13, omit
25paragraph 14.
(7)
In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 3, omit
the entry for the Agricultural Produce (Grading and Marking) Act 1928.
Breeding of Dogs Act 1973 (c. 60)Breeding of Dogs Act 1973 (c. 60)
31
In section 1 of the Breeding of Dogs Act 1973 (licensing of breeding
30establishments for dogs), omit subsection (4)(i) (requirement for local
authority, in determining whether to grant a licence, to have regard to the
need for securing the keeping of accurate records).
32 (1) The following amendments are made in consequence of paragraph 31.
(2) In section 1 of the Breeding of Dogs Act 1973—
(a) 35at the end of subsection (4)(g), insert “and”;
(b) omit the “and” following subsection (4)(h);
(c)
in the closing words of subsection (4), for “paragraphs (a) to (i)”
substitute “paragraphs (a) to (h)”;
(d) omit subsection (4A).
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(3) In the Breeding and Sale of Dogs (Welfare) Act 1999, omit section 2(3).
Animal Health Act 1981 (c. 22)Animal Health Act 1981 (c. 22)
33
Part 2A of the Animal Health Act 1981 (provision about transmissible
spongiform encephalopathies in sheep) is repealed.
34
5In consequence of paragraph 33, omit section 6 of, and the Schedule to, the
Animal Health Act 2002.
Milk: cessation of production
35 The Milk (Cessation of Production) Act 1985 is repealed.
36
The Milk (Cessation of Production) (Northern Ireland) Order 1985 (S.I.
101985/958 (N.I. 9)) is revoked.
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
37
(1)
Section 8 of the Breeding and Sale of Dogs (Welfare) Act 1999 (sale of dogs)
is amended as follows.
(2)
Omit subsection (1)(e) (offence for keeper of a licensed breeding
15establishment to sell to the keeper of a licensed pet shop or a licensed
Scottish rearing establishment a dog which, when delivered, is not wearing
a collar with an identifying tag or badge).
(3)
Omit subsection (3) (offence for keeper of a licensed pet shop to sell a dog
which, when delivered to him, was wearing a collar with an identifying tag
20or badge but is not wearing such a collar when delivered to the purchaser).
(4) In consequence of sub-paragraph (2)—
(a) in subsection (1), at the end of paragraph (c), insert “or”;
(b) in that subsection, omit the “or” following paragraph (d).
Coal and Other Mines (Horses) Order (S.I. 1956/1777S.I. 1956/1777)
38 25The Coal and Other Mines (Horses) Order 1956 is revoked.
Part 7 Education
Greenwich Hospital School (Regulations) (Amendment) Order 1948 (S.I.1948/2792S.I.1948/2792)
39
The Greenwich Hospital School (Regulations) (Amendment) Order 1948 is
30revoked.
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Part 8 Civil law
Defamation Act 1996 (c. 31)1996 (c. 31)
40
Omit section 13 of the Defamation Act 1996 (which allows an individual
5litigant in defamation cases to waive the ban in Article IX of the Bill of Rights
on proceedings in Parliament being impeached or questioned in court).
Part 9 Criminal law
Town Police Clauses Act 1847 (10 &11 Vict. (c. 89))
41
10In section 28 of the Town Police Clauses Act 1847 (which creates a number
of offences) omit the paragraphs beginning—
(a) “Every person who exposes for show, hire or sale”;
(b) “Every person who slaughters or dresses any cattle”;
(c) “Every person having the care of any waggon, cart or carriage”;
(d)
15“Every person who causes any public carriage, sledge, truck, or
barrow”;
(e) “Every person who causes any tree or timber or iron beam”;
(f) “Every person who leads or rides any horse or other animal”;
(g) “Every person who places or leaves any furniture”;
(h) 20“Every person who places, hangs up, or otherwise exposes to sale”;
(i) “Every person who rolls or carries any cask”;
(j) “Every person who places any line, cord or pole”;
(k) “Every person who publicly offers for sale or distribution,”;
(l) “Every person who wilfully and wantonly disturbs any inhabitant”;
(m) 25“Every person who flies any kite,”;
(n) “Every person who cleanses, hoops, fires, washes, or scalds”;
(o) “Every person who throws or lays down any stones”;
(p) “Every person who beats or shakes any carpet”;
(q) “Every person who fixes or places any flower-pot or box”;
(r) 30“Every person who throws from the roof”;
(s) “Every occupier of any house or other building”;
(t) “Every person who leaves open any vault or cellar”;
(u) “Every person who throws or lays any dirt, litter, or ashes”;
(v) “Every person who keeps any pigstye”.
35Part 10 Housing
Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)
42
(1)
Paragraph 3 of Schedule 18 to the Housing Act 1988 (saving provision in
respect of repeal of sections 56 to 58 of the Housing Act 1980) ceases to have
40effect in relation to tenancies of dwelling-houses in England.
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(2)
Accordingly, in that paragraph of that Schedule, after “tenancy” insert “of a
dwelling-house in Wales”.