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Deregulation Bill (HC Bill 5)

A

BILL

TO

Make provision for the reduction of burdens resulting from legislation for
businesses or other organisations or for individuals; make provision for the
repeal of legislation which no longer has practical use; make provision about
the exercise of regulatory functions; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Measures affecting the workplace: general

1 Health and safety at work: general duty of self-employed persons

(1) Section 3 of the Health and Safety at Work etc. Act 1974 (general duty of
employers and self-employed to persons other than their employees) is
5amended in accordance with subsection (2).

(2) In subsection (2) (which imposes a general duty with respect to health and
safety on self-employed persons)—

(a) after “self-employed person” insert “who conducts an undertaking of a
prescribed description”;

(b) 10for “his undertaking” substitute “the undertaking”.

(3) In section 11 of that Act (functions of the Executive), after subsection (4A)
insert—

(4AA) Subsection (4)(b)(i) does not apply in relation to the making of
regulations under section 3(2) for the railway safety purposes (and,
15accordingly, the Executive shall submit under subsection (3) such
proposals as the Executive considers appropriate for the making of
regulations under section 3(2) for those purposes).

(4) Where this section comes into force at a time when there is in force an Order in
Council made under section 84(3) of the Health and Safety at Work etc. Act
201974 that applies section 3 or 11 of that Act to matters outside Great Britain, that
Order is to be taken as applying that section as amended by this section.

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2 Removal of employment tribunals’ power to make wider recommendations

(1) In section 124 of the Equality Act 2010 (remedies available to an employment
tribunal in discrimination cases etc), in subsection (3) (which describes the
recommendations that an employment tribunal may make)—

(a) 5in the opening words, after “adverse effect” insert “on the
complainant”;

(b) omit paragraphs (a) and (b).

(2) In consequence of subsection (1)—

(a) in section 124(7) of that Act omit “in so far as it relates to the
10complainant”;

(b) omit section 125 of that Act (remedies: national security).

3 Apprenticeships: simplification

(1) Schedule 1 makes provision about apprenticeships.

(2) Part 1 of the Schedule amends Part 1 of the Apprenticeships, Skills, Children
15and Learning Act 2009 (“the 2009 Act”) so as to simplify the provision made by
that Part about English apprenticeships.

(3) Part 2 of the Schedule contains further amendments of the 2009 Act in
consequence of the amendments made by Part 1.

(4) Part 3 of the Schedule contains minor amendments of the provision made by
20Part 1 of the 2009 Act about Welsh apprenticeships.

(5) Part 4 of the Schedule contains transitional provision.

4 English apprenticeships: funding arrangements

(1) The Secretary of State may make arrangements with the Commissioners for
Her Majesty’s Revenue and Customs under which the Commissioners are
25responsible for the administration of apprenticeship payments.

(2) “Apprenticeship payments” are payments that may be made by the Secretary
of State to any person—

(a) for the purpose of encouraging the provision of opportunities for
individuals to complete approved English apprenticeships or to
30undertake work following the completion of such apprenticeships, or

(b) otherwise in connection with approved English apprenticeships.

(3) The arrangements that may be made under subsection (1) include
arrangements under which the Commissioners are responsible for recovery
where an apprenticeship payment is made but the whole or any part of it is (for
35whatever reason) recoverable by the Secretary of State.

(4) The Commissioners may by regulations make provision as to the
administration of payments where arrangements are made under subsection
(1).

(5) The regulations may, in particular, provide that the Commissioners may,
40instead of making payments to persons of a description specified in the
regulations—

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(a) permit them to deduct equivalent amounts from payments that they
are required to make to the Commissioners and that are of a kind
specified in the regulations;

(b) provide them with vouchers of equivalent amounts which may be used
5by them in connection with approved English apprenticeships.

(6) The regulations may, in particular, also provide that, where the
Commissioners are responsible for recovering the whole or any part of an
apprenticeship payment from a person of a description specified in the
regulations, they may do so by deducting the amount from any payments that
10they would otherwise be required to make to that person and that are of a kind
specified in the regulations.

(7) The regulations may make different provision for different cases.

(8) Regulations under this section may be made only with the consent of the
Secretary of State.

(9) 15Regulations under this section must be made by statutory instrument.

(10) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(11) In this section “approved English apprenticeship” has the same meaning as in
Chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see
20Schedule 1).

5 English apprenticeships: disclosure of information

(1) The Commissioners may disclose information held by them to the Secretary of
State, or to a person providing services to the Secretary of State, for the purpose
of the Secretary of State’s functions in relation to approved English
25apprenticeships.

(2) The Secretary of State, or a person providing services to the Secretary of State,
may disclose information to the Commissioners, or to a person providing
services to them, for the purpose of arrangements made under section 4(1) or
for the purpose of requesting the Commissioners to disclose information under
30subsection (1) of this section.

(3) Information disclosed under subsection (1) may not be disclosed by the
recipient of the information to any other person without the consent of the
Commissioners.

(4) If a person discloses, in contravention of subsection (3), any revenue and
35customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful
disclosure) applies in relation to that disclosure as it applies in relation to a
40disclosure of such information in contravention of section 20(9) of that Act.

(5) In this section—

  • “approved English apprenticeship” has the same meaning as in Chapter
    A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see
    Schedule 1);

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  • “revenue and customs information relating to a person” has the same
    meaning as in section 19 of the Commissioners for Revenue and
    Customs Act 2005 (see section 19(2) of that Act).

6 Requirements to wear safety helmets: exemption for Sikhs

(1) 5Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements
as to wearing of safety helmets on construction sites) is amended in accordance
with subsections (2) to (10).

(2) In subsection (1), for “on a construction site” substitute “at a workplace”.

(3) In subsection (2), in paragraph (a), for “on a construction site” substitute “at a
10workplace”.

(4) In subsection (5), in the opening words, for “on a construction site” substitute
“at a workplace”.

(5) After subsection (6) insert—

(6A) This section does not apply to a Sikh who—

(a) 15works, or is training to work, in an occupation that involves (to
any extent) providing an urgent response to fire, riot or other
hazardous situations, and

(b) is at the workplace—

(i) to provide such a response in circumstances where the
20wearing of a safety helmet is necessary to protect the
Sikh from a risk of injury, or

(ii) to receive training in how to provide such a response in
circumstances of that kind.

(6B) This section also does not apply to a Sikh who—

(a) 25is a member of Her Majesty’s forces or a person providing
support to Her Majesty’s forces, and

(b) is at the workplace—

(i) to take part in a military operation in circumstances
where the wearing of a safety helmet is necessary to
30protect the Sikh from a risk of injury, or

(ii) to receive training in how to take part in such an
operation in circumstances of that kind.

(6) In subsection (7)—

(a) omit the definitions of “building operations”, “works of engineering
35construction” and “construction site”;

(b) before the definition of “injury”, insert—

  • “Her Majesty’s forces” has the same meaning as in the
    Armed Forces Act 2006;;

(c) at the end insert—

  • 40“workplace” means any premises where work is being
    undertaken, including premises occupied or normally
    occupied as a private dwelling; and “premises” includes
    any place and, in particular, includes—

    (a)

    any vehicle, vessel, aircraft or hovercraft,

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    (b)

    any installation (including a floating installation
    or one resting on the seabed or its subsoil or on
    other land covered with water or its subsoil), and

    (c)

    any tent or moveable structure.

(7) 5In subsection (8), in paragraph (b), for “on a construction site” substitute “at a
workplace”.

(8) In subsection (9)—

(a) for “relevant construction site” substitute “relevant workplace”;

(b) for “construction site” (in the second place where it occurs) substitute
10“workplace”.

(9) In subsection (10), for the words from ““relevant construction site” to the end
of the subsection substitute ““relevant workplace” means any workplace
where work is being undertaken if the premises and the activities being
undertaken there are premises and activities to which the Health and Safety at
15Work etc. Act 1974 applies by virtue of the Health and Safety at Work etc. Act
1974 (Application outside Great Britain) Order 2013.”

(10) In the sidenote, for “on construction sites” substitute “at workplaces”.

(11) Section 12 of that Act (protection of Sikhs from racial discrimination in
connection with requirements as to wearing of safety helmets) is amended as
20follows.

(12) In subsection (1)—

(a) in paragraph (a), for “on a construction site” substitute “at a
workplace”;

(b) in paragraph (b), for “on such a site” substitute “at such a workplace”.

(13) 25In subsection (3), for “Subsections (7) to (10)” substitute “Subsections (6A) to
(10)”.

7 Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland

(1) Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland)
Order 1990 (S.I. 1990/246S.I. 1990/246) is amended in accordance with subsections (2) to (8).

(2) 30In paragraph (1), for “on a construction site” substitute “at a workplace”.

(3) In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute
“at a workplace”.

(4) In paragraph (5), in the opening words, for “on a construction site” substitute
“at a workplace”.

(5) 35After paragraph (6) insert—

(6A) This Article does not apply to a Sikh who—

(a) works, or is training to work, in an occupation that involves (to
any extent) providing an urgent response to fire, riot or other
hazardous situations, and

(b) 40is at the workplace—

(i) to provide such a response in circumstances where the
wearing of a safety helmet is necessary to protect the
Sikh from a risk of injury, or

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(ii) to receive training in how to provide such a response in
circumstances of that kind.

(6B) This Article also does not apply to a Sikh who—

(a) is a member of Her Majesty’s forces or a person providing
5support to Her Majesty’s forces, and

(b) is at the workplace—

(i) to take part in a military operation in circumstances
where the wearing of a safety helmet is necessary to
protect the Sikh from a risk of injury, or

(ii) 10to receive training in how to take part in such an
operation in circumstances of that kind.

(6) In paragraph (7)—

(a) omit the definitions of “building operations”, “works of engineering
construction” and “construction site”;

(b) 15before the definition of “injury”, insert—

  • “Her Majesty’s forces” has the same meaning as in the
    Armed Forces Act 2006;;

(c) at the end insert—

  • “workplace” means any premises where work is being
    20undertaken, including premises occupied or normally
    occupied as a private dwelling; and “premises” includes
    any place and, in particular, includes—

    (a)

    any vehicle, vessel, aircraft or hovercraft,

    (b)

    any installation (including a floating installation
    25or one resting on the seabed or its subsoil or on
    other land covered with water or its subsoil), and

    (c)

    any tent or moveable structure.

(7) In paragraph (8), in sub-paragraph (b), for “on a construction site” substitute
“at a workplace”.

(8) 30In the heading, for “on construction sites” substitute “at workplaces”.

(9) Article 13A of that Order (protection of Sikhs from racial discrimination in
connection with requirements as to wearing of safety helmets) is amended as
follows.

(10) In paragraph (1)—

(a) 35in sub-paragraph (a), for “on a construction site” substitute “at a
workplace”;

(b) in sub-paragraph (b), for “on such a site” substitute “at such a
workplace”.

(11) In paragraph (3), for “Paragraphs (7) and (8)” substitute “Paragraphs (6A) to
40(8)”.

Measures affecting business: particular areas

8 Driving instructors

(1) Schedule 2 makes provision to simplify the regulation of driving instructors by
removing the separate system for the registration of disabled instructors.

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(2) Part 1 of the Schedule contains amendments of Part 5 of the Road Traffic Act
1988 as amended by Schedule 6 to the Road Safety Act 2006.

(3) Part 2 of the Schedule contains transitory amendments of Part 5 of the Road
Traffic Act 1988 which have effect before the commencement of Schedule 6 to
5the Road Safety Act 2006.

(4) Part 3 of the Schedule contains consequential and related amendments.

9 Motor insurers

(1) In Part 6 of the Road Traffic Act 1988 (compulsory insurance or security against
third-party risks), section 147 (issue and surrender of certificates of insurance
10and of security) is amended as follows.

(2) In subsection (1), for “A policy of insurance shall be of no effect for the
purposes of this Part of this Act unless and until there is delivered by the
insurer” substitute “An insurer issuing a policy of insurance for the purposes
of this Part of this Act must deliver”.

(3) 15In subsection (2), for “A security shall be of no effect for the purposes of this
Part of this Act unless and until there is delivered by the person giving the
security” substitute “A person giving a security for the purposes of this Part of
this Act must deliver”.

(4) Omit subsections (4) to (5) (obligation to surrender certificate following
20cancellation of policy of insurance or security).

(5) Schedule 3 makes amendments in consequence of this section.

10 Private hire vehicles: circumstances in which driver’s licence required

(1) Section 46 of the Local Government (Miscellaneous Provisions) Act 1976
(vehicle, drivers’ and operators’ licences) is amended as follows.

(2) 25In subsection (1)(b), for “driver of any private hire vehicle” substitute “driver
of any vehicle when it is in use as a private hire vehicle”.

(3) After subsection (1) insert—

(1A) For the purposes of this Act, a reference to a vehicle being in use as a
private hire vehicle is a reference to a private hire vehicle which—

(a) 30is in use in connection with a hiring for the purpose of carrying
passengers; or

(b) is immediately available to an operator to carry out a booking
for a private hire vehicle.

(4) After subsection (2) insert—

(3) 35If, in any proceedings for an offence under this section in which it is
alleged that the defendant contravened subsection (1)(b), the
prosecution prove that a private hire vehicle was at any time being used
on a road to carry one or more passengers, it is to be presumed, unless
the contrary is shown, that the vehicle was, at that time, in use in
40connection with a hiring as mentioned in subsection (1A)(a).

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11 Taxis and private hire vehicles: duration of licences

(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as
follows.

(2) In section 53 (drivers’ licences for hackney carriages and private hire
5vehicles)—

(a) in subsection (1)(a), for “for such lesser period as the district council
may specify in such licence” substitute “for such lesser period, specified
in the licence, as the district council think appropriate in the
circumstances of the case”;

(b) 10in subsection (1)(b), for “for such lesser period as they may specify in
such licence” substitute “for such lesser period, specified in the licence,
as the district council think appropriate in the circumstances of the
case”.

(3) In section 55 (licensing of operators of private hire vehicles), for subsection (2)
15substitute—

(2) Every licence granted under this section shall remain in force for five
years or for such lesser period, specified in the licence, as the district
council think appropriate in the circumstances of the case.

12 Private hire vehicles: sub-contracting

20In the Local Government (Miscellaneous Provisions) Act 1976, after section 55
insert—

55A Sub-contracting by operators

(1) A person licensed under section 55 who has in a controlled district
accepted a booking for a private hire vehicle may arrange for another
25person to provide a vehicle to carry out the booking if—

(a) the other person is licensed under section 55 in respect of the
same controlled district and the sub-contracted booking is
accepted in that district;

(b) the other person is licensed under section 55 in respect of
30another controlled district and the sub-contracted booking is
accepted in that district;

(c) the other person is a London PHV operator and the sub-
contracted booking is accepted at an operating centre in
London; or

(d) 35the other person accepts the sub-contracted booking in
Scotland.

(2) It is immaterial for the purposes of subsection (1) whether or not sub-
contracting is permitted by the contract between the person licensed
under section 55 who accepted the booking and the person who made
40the booking.

(3) Where a person licensed under section 55 in respect of a controlled
district is also licensed under that section in respect of another
controlled district, subsection (1) (so far as relating to paragraph (b) of
that subsection) and section 55B(1) and (2) apply as if each licence were
45held by a separate person.

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(4) Where a person licensed under section 55 in respect of a controlled
district is also a London PHV operator, subsection (1) (so far as relating
to paragraph (c) of that subsection) and section 55B(1) and (2) apply as
if the person holding the licence under section 55 and the London PHV
5operator were separate persons.

(5) Where a person licensed under section 55 in respect of a controlled
district also makes provision in the course of a business for the
invitation or acceptance of bookings for a private hire car or taxi in
Scotland, subsection (1) (so far as relating to paragraph (d) of that
10subsection) and section 55B(1) and (2) apply as if the person holding the
licence under section 55 and the person making the provision in
Scotland were separate persons.

In this subsection, “private hire car” and “taxi” have the same meaning
as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.

15In this subsection, “private hire car” and “taxi” have the same meaning
as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.

(6) In this section, “London PHV operator” and “operating centre” have
the same meaning as in the Private Hire Vehicles (London) Act 1998.

55B Sub-contracting by operators: criminal liability

(1) 20In this section—

  • “the first operator” means a person licensed under section 55 who
    has in a controlled district accepted a booking for a private hire
    vehicle and then made arrangements for another person to
    provide a vehicle to carry out the booking in accordance with
    25section 55A(1);

  • “the second operator” means the person with whom the first
    operator made the arrangements (and, accordingly, the person
    who accepted the sub-contracted booking).

(2) The first operator is not to be treated for the purposes of section 46(1)(e)
30as operating a private hire vehicle by virtue of having invited or
accepted the booking.

(3) The first operator is guilty of an offence if—

(a) the second operator is a person mentioned in section 55A(1)(a)
or (b),

(b) 35the second operator contravenes section 46(1)(e) in respect of
the sub-contracted booking, and

(c) the first operator knew that the second operator would
contravene section 46(1)(e) in respect of the booking.

13 Agricultural Holdings Act 1986: resolution of disputes by third party
40determination

Schedule 4 amends the Agricultural Holdings Act 1986 to provide for certain
matters arising under the Act to be capable of third party determination.

14 Shippers etc of gas

(1) In Part 1 of the Energy Act 2008 (gas importation and storage), after section 3