Deregulation Bill (HC Bill 5)

23 Applications by owners etc for public path orders

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path extinguishment order), after
5“horses” insert “, or of any land in England of a prescribed description,”.

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path diversion order), after “horses”
insert “, or of any land in England of a prescribed description,”.

(4) In section 121E(1) (which specifies the duties of the Secretary of State on certain
10appeals relating to the extinguishment or diversion of public paths), after
“section 121D(1)(a) above,” insert “in relation to an application made under
section 118C or 119C above or an application made under section 118ZA or
119ZA above to a council in Wales,”.

(5) After section 121E(1) insert—

“(1A) 15Where an appeal to the Secretary of State is brought under section
121D(1)(a) above, in relation to an application made under section
118ZA or 119ZA above to a council in England, the Secretary of State
shall either—

(a) determine not to make an order on the application, or

(b) 20take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
decision and the reasons for it.”

(6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
25(1A)(a)”.

24 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
authorise the erection of stiles and gates etc on footpaths or bridleways
crossing agricultural land) is amended as follows.

(2) 30In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

(3) After subsection (1) insert—

“(1A) The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
35land in England, or of land in England which is being brought into use
for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
40preventing the ingress or egress of animals should be erected on the
byway.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) 5in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) 5in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.”

(4) In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) After subsection (5) insert—

“(5A) 10In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
Act).”

(6) In consequence of the amendments made by this section to section 147, section
146 of the 1980 Act is amended as follows—

(a) 15in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) in that subsection, for “or restricted byway” (in the second place it
occurs) substitute “, restricted byway or byway open to all traffic”;

(c) in subsection (2)(b), after “restricted byway” insert “or in the case of a
20byway open to all traffic”;

(d) after subsection (5) insert—

“(6) In this section, “byway open to all traffic” has the same meaning
as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).”;

(e) 25in the heading to the section, for “restricted byways” substitute
“byways”.

25 Applications for certain orders under Highways Act 1980: cost recovery

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
30charges in connection with applications by owners etc for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.

(3) In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
35diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) In section 121A(1) (which confers power to make regulations about
applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
40section”.

(5) In section 121E(8) (which makes provision about what may be included in
regulations about appeals under section 121D(1)), in paragraph (j), for
“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) 45In Part 1 of Schedule 6 (procedure for making and confirming certain orders

relating to footpaths, bridleways and restricted byways), in paragraph 2B
(which makes supplemental provision about hearings held under paragraph 2
of the Schedule), after sub-paragraph (3) insert—

“(4) For the purposes of sub-paragraph (1) as it applies in relation to
5section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b)
or (3)(b) of paragraph 2 of any representations or objections about an
order relating to land in England is to be treated as a hearing which
the Secretary of State has caused to be held under that paragraph.”

26 10Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights
of way in England and the making and confirmation of orders relating to such
rights.

(2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
15(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies
20where a modification of a definitive map and statement is needed
because of an administrative error;

(c) enable regulations to be made so that applications made to a local
authority seeking a modification of a definitive map and statement do
not need to be included in the register of applications unless the
25authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) facilitate the making of modifications of a definitive map and statement
by consent in cases based on documentary evidence of the existence of
a right of way before 1949.

(3) 30Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and determination of applications to a local authority in England for a
modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
35which sets out an amended procedure that applies in relation to the making
and confirmation of orders making modifications of a definitive map and
statement.

(5) Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
make changes to the procedure for the making and confirmation of public path
40creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) The Secretary of State may by regulations make provision for an amendment
made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in
45relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) Regulations under subsection (7) may make different provision for different
purposes.

(9) Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
5to annulment in pursuance of a resolution of either House of Parliament.

27 Erection of public statues (London): removal of consent requirement

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
consent of the Secretary of State to the erection of public statues in London).

Housing and development

28 10Reduction of qualifying period for right to buy

(1) The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before
subsection (1) insert—

“(A1) In the application of this Part to England, the right to buy does not arise
15unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.”

(3) In subsection (1), at the beginning insert “In the application of this Part to
Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

29 20Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
Secretary of State, in relation to England, and the Welsh Ministers, in relation
to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) 25Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (a)—

(i) 30after “a local housing authority” insert “in Wales”;

(ii) for “the appropriate person” substitute “the Welsh Ministers”.

(4) In subsection (2)—

(a) for “The appropriate person” substitute “The Welsh Ministers”;

(b) after “a local housing authority” insert “in Wales”;

(c) 35for “the appropriate person” (in each place where it occurs) substitute
“the Welsh Ministers”.

(5) In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
Ministers”.

(6) In consequence of the amendments made by this section to section 87 of the
2003 Act—

(a) 5in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) in section 333D(3) of the Greater London Authority Act 1999, in the
definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) 10in paragraph (b), omit “other”.

30 Optional building requirements

After section 2A of the Building Act 1984 insert—

“2B Optional requirements

(1) Building regulations made by the Secretary of State may include
15requirements that apply only if a local planning authority in England
decide that they apply in respect of a particular development or class of
development in the authority’s area.

(2) In the following provisions of this section, a requirement included in
building regulations by virtue of subsection (1) is referred to as an
20“optional requirement”.

(3) Building regulations may specify that an optional requirement is
capable of applying only in respect of development of a kind described
in the regulations.

(4) Building regulations may specify conditions that must be satisfied
25before a local planning authority may decide that an optional
requirement is to apply.

(5) Building regulations may specify the steps that a local planning
authority must take to inform a person subject to an optional
requirement of the requirement.

(6) 30Where building regulations include an optional requirement that
would (to any extent) be inconsistent with another requirement
imposed by the regulations, the building regulations must provide—

(a) that the other requirement does not apply in any case where the
optional requirement applies, or

(b) 35that the other requirement applies in any such case with
modifications specified in the regulations.

(7) In this section —

• “development” has the same meaning as in the Town and Country
  Planning Act 1990 (see section 55 of that Act);

• 40 “local planning authority” has the same meaning as in Part 2 of
  the Planning and Compulsory Purchase Act 2004 (see section 37
  of that Act).”

31 Amendment of Planning and Energy Act 2008

In the Planning and Energy Act 2008, in section 1 (energy policies), after
subsection (1) insert—

“(1A) Subsection (1)(c) does not apply to development in England that
5consists of the construction or adaptation of buildings to provide
dwellings or the carrying out of any work on dwellings.”

Transport

32 Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
10transport areas), in section 10(1) (general powers of Executive)—

(a) after paragraph (i) insert—

“(ia) to carry passengers by railway—

(a) where that area is in England, between places in
that area, between such places and any place in
15Great Britain which is outside that area, or
between places in Great Britain which are
outside that area, or

(b) where that area is in Wales or Scotland, between
places in that area or between such places and
20any place outside that area but within the
permitted distance, that is to say, the distance of
twenty-five miles from the nearest point on the
boundary of that area;”;

(b) in paragraph (ii), for “other form of land transport” substitute “form of
25land transport other than road or railway”.

(2) Schedule 8 contains—

(a) amendments in consequence of subsection (1), and

(b) further amendments in connection with the provision of passenger rail
services.

33 30Reduction of burdens relating to the use of roads and railways

Schedule 9 makes provision about the following matters—

(a) permit schemes;

(b) road humps;

(c) pedestrian crossings;

(d) 35off-road motoring events;

(e) testing of vehicles;

(f) rail vehicle accessibility regulations: exemption orders.

34 Reduction of burdens relating to enforcement of transport legislation

Schedule 10 makes provision about the following matters—

(a) 40drink and drug driving offences;

(b) bus lane contraventions.

35 Removal of duty to order re-hearing of marine accident investigations

In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing
of investigation into marine accident and duty to do so in certain cases)—

(a) omit paragraph (a) (duty to order re-hearing where new and important
5evidence discovered), and the “or” following it;

(b) in paragraph (b), omit “other”.

Communications

36 Repeal of power to make provision for blocking injunctions

In the Digital Economy Act 2010, omit sections 17 and 18 (which confer power
10on the Secretary of State to make regulations about the granting by courts of
injunctions requiring the blocking of websites that infringe copyright).

The environment etc

37 Reduction of duties relating to energy and climate change

(1) In the Climate Change and Sustainable Energy Act 2006, omit the following—

(a) 15section 3 (which imposes a duty on local authorities to have regard to
energy measure reports published by the Secretary of State);

(b) sections 4 and 5 (which confer functions on the Secretary of State with
respect to the setting of national targets for microgeneration etc);

(c) sections 7(1) to (6) and 8 (which confer functions on the Secretary of
20State for the purpose of increasing the sale of electricity generated by
microgeneration);

(d) section 10 (which confers functions on the Secretary of State with
respect to the review of development orders to facilitate the installation
in dwelling-houses of equipment etc for microgeneration);

(e) 25section 12 (which is spent);

(f) section 21 (which imposes a duty on the Secretary of State with respect
to promoting the use of heat produced from renewable sources).

(2) Section 14 of that Act (which confers functions on the Secretary of State and
Welsh Ministers with respect to the laying of reports before Parliament or (as
30the case may be) the National Assembly for Wales about steps taken to secure
greater compliance with building regulations made for energy conservation
related purposes etc) ceases to apply in relation to England.

(3) In consequence of subsection (1)—

(a) in the Taxation of Chargeable Gains Act 1992, in section 263AZA(2), for
35the definition of “microgeneration system” substitute—

• “ “microgeneration system” means any plant (including
  any equipment, apparatus or appliance) or system of
  plant for generating electricity or producing heat —

  (a)

  which, in generating electricity or (as the case
  40may be) producing heat, relies wholly or mainly
  on a source of energy or a technology mentioned
  in subsection (7) of section 82 of the Energy Act
  2004, and

  Deregulation BillPage 28

  (b)

  whose capacity to generate electricity or (as the
  case may be) to produce heat does not exceed the
  capacity mentioned in subsection (8) of that
  section,”;

(b) 5in the Income Tax (Trading and Other Income) Act 2005, in section
782A(2), for the definition of “microgeneration system” substitute—

• “ “microgeneration system” has the same meaning as in
  section 263AZA of the Taxation of Chargeable Gains Act
  1992.”

(4) 10In consequence of subsection (1)—

(a) in the Sustainable Energy Act 2003, omit section 1(1A)(bb);

(b) in the Climate Change Act 2008, omit section 81(3);

(c) in the Energy Act 2008, omit section 87(2).

(5) The repeal made by subsection (1)(c) does not affect the operation of section
1533(1)(c) of the Utilities Act 2000 in relation to times after the repeal comes into
force; and, accordingly, modifications of standard conditions made under
section 7 of the Climate Change and Sustainable Energy Act 2006 before the
day on which the repeal comes into force continue to have effect on or after that
day for the purposes of section 33(1) of that Act of 2000.

38 20Household waste: de-criminalisation

(1) Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in
accordance with subsections (2) to (5).

(2) In section 46 (receptacles for household waste), in subsection (6) (offence of
failing to comply with requirements relating to receptacles), after
25“requirements imposed” insert “by a waste collection authority in Scotland or
Wales”.

(3) After section 46 insert—

“46A Written warnings and penalties for failure to comply with
requirements relating to household waste receptacles: England

(1) 30This section applies where an authorised officer of a waste collection
authority in England is satisfied that—

(a) a person has failed without reasonable excuse to comply with a
requirement imposed by the authority under section 46(1),
(3)(c) or (d) or (4) (a “section 46 requirement”), and

(b) 35the person’s failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any
amenities of the locality.

(2) Where this section applies, the authorised officer may give a written
40warning to the person.

(3) A written warning must—

(a) identify the section 46 requirement with which the person has
failed to comply,

(b) explain the nature of the failure to comply,

(c) 45explain how the failure to comply has had, or is or was likely to
have, the effect described in subsection (1)(b),

(d) if the failure to comply is continuing, specify the period within
which the requirement must be complied with and explain the
consequences of the requirement not being complied with
within that period, and

(e) 5whether or not the failure to comply is continuing, explain the
consequences of the person subsequently failing to comply with
the same or a similar section 46 requirement.

(4) Where a written warning has been given in respect of a failure to
comply that is continuing, an authorised officer of the waste collection
10authority may require the person to whom the written warning was
given to pay a fixed penalty to the authority if satisfied that the person
has failed to comply with the section 46 requirement identified in the
warning within the period specified by virtue of subsection (3)(d).

(5) Where a person has been required to pay a fixed penalty under
15subsection (4) and that requirement has not been withdrawn on appeal,
an authorised officer of the authority may require the person to pay a
further fixed penalty to the authority if satisfied that the failure to
comply is still continuing at the end of a relevant period which falls
within the period of one year beginning with the day the written
20warning was given.

(6) For the purposes of subsection (5)—

(a) a “relevant period” is a period beginning with the day a final
notice is served on the person under section 46C(5) in respect of
the failure to comply that is continuing and ending with—

(i) 25where the person appeals against the requirement to
pay a fixed penalty imposed by the final notice, the day
on which the appeal that is the final appeal made by the
person against the requirement is dismissed or
withdrawn;

(ii) 30where the person does not appeal, the day on which the
period for appealing expires;

(b) there is no relevant period where the person appeals as
mentioned in paragraph (a)(i) and the requirement to pay the
fixed penalty is withdrawn on appeal.

(7) 35Where a written warning has been given, whether or not in respect of a
failure to comply that is continuing, an authorised officer of the waste
collection authority may require the person to whom the written
warning was given to pay a fixed penalty to the authority if satisfied
that, within the period of one year beginning with the day the written
40warning was given —

(a) the person has again failed without reasonable excuse to
comply with the section 46 requirement identified in the
warning and the person’s failure to comply has had, or is or was
likely to have, the effect described in subsection (1)(b), or

(b) 45the person has failed without reasonable excuse to comply with
a section 46 requirement that is similar to the one identified in
the warning and the person’s failure to comply has had, or is or
was likely to have, the effect described in subsection (1)(b).

(8) An authorised officer may require a person to pay a fixed penalty under
50subsection (5) or (7) each time that the authorised officer is satisfied of
the matters mentioned in the subsection.