some default text...

Deregulation Bill (HC Bill 5)

Deregulation BillPage 30

(9) An authorised officer imposing a requirement to pay a fixed penalty
under subsection (4), (5) or (7) must act in accordance with section 46C.

(10) A “fixed penalty” means a monetary penalty of an amount determined
in accordance with section 46B.

(11) 5An “authorised officer”, in relation to a waste collection authority,
means—

(a) an employee of the authority who is authorised in writing by
the authority for the purpose of giving written warnings and
requiring payment of fixed penalties under this section;

(b) 10any person who, under arrangements made with the authority,
has the function of giving such warnings and requiring such
payments and is authorised in writing by the authority to
perform that function;

(c) any employee of such a person who is authorised in writing by
15the authority for the purpose of giving such warnings and
requiring such payments.

46B Amount of penalty under section 46A and recovery of penalty

(1) The amount of the monetary penalty that a person may be required to
pay to a waste collection authority under section 46A is—

(a) 20the amount specified by the waste collection authority in
relation to the authority’s area, or

(b) if no amount is so specified, £60.

(2) A waste collection authority may make provision for treating a fixed
penalty under section 46A as having been paid if a lesser amount is
25paid before the end of a period specified by the authority.

(3) The Secretary of State may by regulations make provision in connection
with the powers conferred on waste collection authorities in England
under subsections (1)(a) and (2).

(4) Regulations under subsection (3) may (in particular)—

(a) 30require an amount specified under subsection (1)(a) to fall
within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a
waste collection authority may make provision under
subsection (2).

(5) 35The Secretary of State may by order substitute a different amount for
the amount for the time being specified in subsection (1)(b).

(6) A fixed penalty under section 46A—

(a) is recoverable summarily as a civil debt;

(b) is recoverable as if it were payable under an order of the High
40Court or the county court, if the court in question so orders.

46C Penalties under section 46A: procedure regarding notices of intent and
final notices

(1) Before requiring a person to pay a fixed penalty under section 46A, an
authorised officer must serve on the person notice of intention to do so
45(a “notice of intent”) in accordance with subsections (2) to (4).

(2) A notice of intent must contain information about—

Deregulation BillPage 31

(a) the grounds for proposing to require payment of a fixed
penalty,

(b) the amount of the penalty that the person would be required to
pay, and

(c) 5the right to make representations under subsection (3).

(3) A person on whom a notice of intent is served may make
representations to the authorised officer as to why payment of a fixed
penalty should not be required.

(4) Representations under subsection (3) must be made within the period
10of 28 days beginning with the day service of the notice of intent is
effected.

(5) In order to require a person to pay a fixed penalty under section 46A,
an authorised officer must serve on the person a further notice (the
“final notice”) in accordance with subsections (6) to (8).

(6) 15A final notice may not be served on a person by an authorised officer
before the expiry of the period of 28 days beginning with the day
service of the notice of intent on the person was effected.

(7) Before serving a final notice on a person, an authorised officer must
consider any representations made by the person under subsection (3).

(8) 20The final notice must contain information about—

(a) the grounds for requiring payment of a fixed penalty,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment is required to be made (which
25must not be less than the period of 28 days beginning with the
day service of the final notice is effected),

(e) any provision giving a discount for early payment made by
virtue of section 46B(2),

(f) the right to appeal under section 46D, and

(g) 30the consequences of not paying the penalty.

46D Appeals against penalties under section 46A

(1) A person on whom a final notice is served under section 46C may
appeal to the First-tier Tribunal against the decision to require payment
of a fixed penalty.

(2) 35On an appeal under this section the First-tier Tribunal may withdraw
or confirm the requirement to pay the fixed penalty.

(3) The requirement to pay the fixed penalty is suspended pending the
determination or withdrawal of the appeal that is the final appeal made
by the person against the decision to require payment of the penalty.

40(This is subject to subsection (4).)

(This is subject to subsection (4).)

(4) Where the requirement to pay the fixed penalty is confirmed at any
stage in the proceedings on appeal, payment must be made before the
end of the period of 28 days beginning with the day on which the
45requirement is so confirmed unless the person makes a further appeal
before the end of that period.

Deregulation BillPage 32

(5) The reference in subsection (4) to the requirement to pay the fixed
penalty being confirmed on appeal includes a reference to an appeal
decision confirming the requirement to pay the fixed penalty being
upheld on a further appeal.

(4) 5In consequence of subsection (2), in section 47ZB(2)(b) (amount of fixed
penalty for offence)—

(a) omit sub-paragraph (i), and the “and” following it;

(b) in sub-paragraph (ii), omit “in any other case,”.

(5) In section 73A (use of fixed penalty receipts), in subsection (2) (power for waste
10collection authority to use fixed penalty receipts for purposes of its functions
under Part 2 and other functions specified in regulations), after “34A” insert “,
46A”.

(6) Schedule 11 makes amendments to the London Local Authorities Act 2007 that
correspond to those made by subsection (3).

39 15Other measures relating to animals, food and the environment

Schedule 12 makes provision about the following matters—

(a) destructive imported animals;

(b) the Farriers Registration Council;

(c) joint waste authorities;

(d) 20air quality assessments;

(e) noise abatement zones.

Regulation of child trust funds

40 Management of child trust funds: looked after children

(1) The Child Trust Funds Act 2004 is amended as follows.

(2) 25In section 3 (requirements to be satisfied in relation to child trust funds), in
subsection (10) (which provides for the making of regulations authorising the
Official Solicitor or, in Scotland, the Accountant of Court to manage child trust
funds) for the words from “is to be” to the end of the subsection substitute “is
to be a person appointed by the Treasury or by the Secretary of State.”

(3) 30In that section, after subsection (11) insert—

(11A) Regulations under subsection (10) may provide that, where the terms
on which a person is appointed by the Treasury or by the Secretary of
State include provision for payment to the person, the payment must be
made by a government department specified in the regulations (instead
35of by the person making the appointment).

(11B) Regulations may provide that, where a person authorised to manage a
child trust fund by virtue of subsection (10) ceases to be so authorised,
the person must provide any information held by that person in
connection with the management of the fund to the person (if any) who
40becomes authorised by virtue of that subsection to manage the trust
fund instead.

(4) In section 16 (information about children in care of authority), in subsection
(1)—

Deregulation BillPage 33

(a) at the end of paragraph (a) (before “, or”), insert “or by a person
appointed under regulations under section 3(10)”;

(b) in paragraph (b), before “any information” insert “or to such a person”;

(c) in the words following paragraph (b), before “may require” insert “or
5(as the case may be) the person”.

41 Management of child trust funds: children 16 or over

(1) Section 3 of the Child Trust Funds Act 2004 (requirements to be satisfied) is
amended as follows.

(2) In subsection (6), for paragraphs (a) and (b) substitute—

(a) 10if the child is 16 or over and has elected to manage the child
trust fund, is the child;

(b) in any other case, is the person who has that authority by virtue
of subsection (7) (but subject to subsection (10)).

(3) In subsection (8), omit “under 16” (where it first occurs).

(4) 15In subsection (10), omit “under 16”.

42 Child trust funds: transfers

(1) The Child Trust Funds Act 2004 is amended as follows.

(2) After section 7 insert—

7A Transfers to other accounts for children

(1) 20Regulations may make provision requiring an account provider, at the
request of a person who has the authority to manage a child trust fund,
to—

(a) transfer all the investments under the fund, or an amount
representing their value in cash, to a protected child account
25that is provided by a person chosen by the person making the
request, and

(b) when all the investments have been transferred, close the child
trust fund.

(2) An account is a protected child account if—

(a) 30there is relief from income tax and capital gains tax in respect of
investments under it,

(b) it may be held only by a child, and

(c) it satisfies any other conditions prescribed in regulations under
this section.

(3) 35After section 7A (as inserted by subsection (2)) insert—

7B Transfers on child reaching 18

(1) Regulations may make provision requiring an account provider to
transfer all the investments under a child trust fund held by a person
immediately before his or her 18th birthday to a protected account of a
40description prescribed in the regulations.

(2) Regulations under subsection (1) must include provision that the
requirement does not apply if the person gives instructions, in

Deregulation BillPage 34

accordance with the regulations, to the account provider as to what is
to be done with the investments.

(3) An account is a protected account if—

(a) there is relief from income tax and capital gains tax in respect of
5investments under it, and

(b) it satisfies any other conditions prescribed in regulations under
this section.

(4) In section 3 (requirements to be satisfied), in subsection (4)(d), after
“regulations” insert “under this section or any other provision of this Act”.

(5) 10In section 20 (penalties), in subsection (7)(b), after “7” insert “, 7A, 7B”.

43 Child trust funds: safeguards for children’s interests

After section 7B of the Child Trust Funds Act 2004 (as inserted by section 42)
insert—

Powers to safeguard interests of children

7C 15Powers to safeguard interests of children

(1) The Treasury may make regulations under this section if the Treasury
think it appropriate to do so for the purpose of safeguarding the
financial interests of children, or any group of children, who hold child
trust funds.

(2) 20The regulations may authorise the Treasury to permit withdrawals
from—

(a) any child trust funds;

(b) any child trust funds held with an account provider that is
prescribed, or of a description prescribed, in the regulations.

(3) 25The regulations may authorise the Treasury to require any account
provider or any account provider that is prescribed, or of a description
prescribed, in the regulations to take one or more of the following steps
in relation to every child trust fund held with it—

(a) to seek to transfer the fund to another account provider;

(b) 30to seek to transfer all the investments under the fund to a
protected child account that can be used for investments of that
kind and is provided by a person chosen by the account
provider;

(c) to seek to transfer an amount in cash representing the value of
35all the investments under the fund (whether consisting of cash
or stocks and shares) to a protected child account that can be
used for investments in cash and is provided by a person chosen
by the account provider;

(d) to transfer an amount in cash representing the value of all the
40investments under the fund (whether consisting of cash or
stocks and shares) to a protected child account that can be used
for investments in cash and is provided by a person specified by
the Treasury.

(4) The regulations may provide—

Deregulation BillPage 35

(a) that child trust funds held with an account provider that is
prescribed, or of a description prescribed, in the regulations are
to be treated for all purposes as if they were protected child
accounts of a description so prescribed;

(b) 5that, where child trust funds are (under the regulations) to be
treated as protected child accounts of a particular description,
the account provider is to be treated, for such purposes as may
be prescribed in the regulations, as a person who lawfully
provides protected child accounts of that description.

(5) 10If the regulations authorise the Treasury to require that one or more of
the steps mentioned in subsection (3)(b) to (d) be taken, the regulations
may also authorise the Treasury to require an account provider who, in
pursuance of such a requirement, transfers all the investments under a
child trust fund, or an amount representing the value of all the
15investments, to close the child trust fund.

(6) If the regulations authorise the Treasury to require an account provider
to take more than one of the steps mentioned in subsection (3), the
regulations must also—

(a) authorise the Treasury to specify the order in which the steps
20are to be taken, and

(b) provide that if (as a result of complying with a requirement to
take a particular step) an account holder no longer holds
investments under any child trust fund, any requirement
imposed on that provider to take another step lapses.

(7) 25The Treasury is not liable in respect of —

(a) the selection by an account provider of a person to whom to
make a transfer in response to a requirement of a kind
mentioned in subsection (3)(a) to (c), or

(b) a decision made by it as to the person to be specified in a
30requirement of a kind mentioned in subsection (3)(d).

(8) In this section, “protected child account” means an account which is a
protected child account for the purposes of section 7A.

Education and training

44 Abolition of office of Chief Executive of Skills Funding

(1) 35The office of the Chief Executive of Skills Funding (established by Part 4 of the
Apprenticeships, Skills, Children and Learning Act 2009) is abolished.

(2) The property, rights and liabilities of the Chief Executive of Skills Funding are
transferred to the Secretary of State.

(3) Schedule 13 makes amendments to Part 4 of the Apprenticeships, Skills,
40Children and Learning Act 2009 in consequence of the abolition of the office of
the Chief Executive of Skills Funding.

45 Further and higher education sectors: reduction of burdens

Schedule 14 makes provision for the reduction of burdens in the further and
higher education sectors.

Deregulation BillPage 36

46 Schools: reduction of burdens

(1) Section 19 of the Education Act 1997 (which confers power on the Secretary of
State and Welsh Ministers to make regulations requiring governing bodies of
maintained schools to set school performance targets) ceases to have effect in
5relation to schools in England.

(2) Accordingly, in subsection (1) of that section—

(a) for “The Secretary of State” substitute “The Welsh Ministers”;

(b) for “the Secretary of State considers” substitute “the Welsh Ministers
consider”;

(c) 10after “maintained schools” insert “in Wales”.

(3) Omit section 102 of the Education Act 2005 (which confers power on the
Secretary of State to make regulations requiring local authorities in England to
set annual targets in respect of educational performance at schools maintained
by them etc).

(4) 15In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.

(5) Schedule 15 makes further provision for the reduction of burdens relating to
schools in England.

Alcohol and entertainment

47 Sale of alcohol: community events etc and ancillary business sales

(1) 20In section 2 of the Licensing Act 2003 (authorisation for licensable activities
etc), after subsection (1) insert—

(1A) The licensable activity of selling alcohol by retail may be carried on if
each sale is a permitted sale by virtue of Part 5A.

(2) After Part 5 of that Act, insert the Part set out in Schedule 16 to this Act.

(3) 25In section 136 of that Act (unauthorised licensable activities), at the end of
subsection (5) insert—

In addition, for the purposes of this Part the licensable activity of
selling alcohol by retail is under and in accordance with an
authorisation if each sale is a permitted sale by virtue of Part 5A.

(4) 30In section 140 of that Act (allowing disorderly conduct on licensed premises
etc)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert , and

(e) in the case of premises specified in a Part 5A notice, to
35the person who gave the notice.

(5) In section 141 of that Act (sale of alcohol to a person who is drunk)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert , and

(e) in the case of premises specified in a Part 5A notice, to
40the person who gave the notice.;

(c) in subsection (3), after “This section” insert “(except subsection (2)(e))”.

(6) In section 143 of that Act (failure to leave licensed premises etc)—

Deregulation BillPage 37

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert , and

(e) in the case of premises specified in a Part 5A notice, to
the person who gave the notice.

(7) 5In section 144 of that Act (keeping of smuggled goods)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert , and

(e) in the case of premises specified in a Part 5A notice, to
the person who gave the notice.

(8) 10In section 147A of that Act (persistently selling alcohol to children)—

(a) in subsection (1)(b), for the words from “either” to “Part 5” substitute
“licensed premises, premises authorised to be used for a permitted
temporary activity by virtue of Part 5 or premises specified in a Part 5A
notice”;

(b) 15in subsection (4), after paragraph (b) insert or

(c) the person or one of the persons who gave a Part 5A
notice in respect of the premises.

(9) In section 153 of that Act (prohibition of unsupervised sales by children)—

(a) omit the “and” before subsection (4)(c);

(b) 20after that paragraph insert , and

(d) in relation to a sale by retail that is a permitted sale by
virtue of Part 5A—

(i) the person who gave the Part 5A notice, or

(ii) any individual aged 18 or over who is authorised
25for the purposes of this section by that person.

(10) In section 159 of that Act (interpretation of Part 7), at the end of the definition
of “relevant premises” insert , or

  • (d)

    except in sections 145 and 152, premises that (by reason
    of being specified in a Part 5A notice) are premises on
    30which a sale by retail of alcohol is capable of being a
    permitted sale by virtue of Part 5A;.

(11) In section 194 of that Act (index of defined expressions) insert the following
entries at the appropriate places—

Part 5A notice section 110A(2)”
“relevant licensing authority, in Part 5A 35section 110N”
“relevant person, in Part 5A section 110D(11).

(12) In section 197 of that Act (regulations and orders)—

(a) in subsection (3) (which lists exceptions to the use of the negative
procedure), after paragraph (c) insert—

(cza) 40regulations under section 110B(2), (3) or (7) or 110C(2),
(3), (5) or (6) (regulations relating to sales of alcohol
permitted by virtue of Part 5A),;

(b) in subsection (4) (which specifies when the affirmative procedure is
required)—

Deregulation BillPage 38

(i) after “or (g)” insert “or regulations within subsection (3)(cza)”;

(ii) after “the order” insert “or regulations”.

48 Temporary event notices: increase in maximum number of events per year

(1) In section 107 of the Licensing Act 2003 (counter notice where permitted limits
5exceeded), in subsection (4) (maximum number of events per year), for “12”
substitute “15”.

(2) The amendment made by this section has effect for the year 2016 and
subsequent years.

49 Personal licences: no requirement to renew

(1) 10In section 115 of the Licensing Act 2003 (period of validity of personal licence),
in subsection (1), for the words after “A personal licence” substitute “has effect
indefinitely.”

(2) The amendment made by subsection (1), and the consequential amendments
made by Schedule 17, apply in relation to—

(a) 15a personal licence granted under section 120 of the Licensing Act 2003
on or after the day on which this section comes into force;

(b) a personal licence granted under section 120 of that Act before that day,
or renewed under section 121 of that Act before that day, for a period
expiring on or after that day.

(3) 20Accordingly, any term in a personal licence granted as mentioned in
subsection (2)(b) which provides for it to have effect only for a particular
period has no effect on or after the day on which this section comes into force.

50 Sale of liqueur confectionery to children under 16: abolition of offence

Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children
25under 16) is repealed.

51 Late night refreshment

(1) Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is
amended as follows.

(2) In paragraph 1(1) (definition of “provides late night refreshment”), in the
30words after paragraph (b), after “paragraph” insert “2A,”.

(3) After paragraph 2 insert—

Exempt supplies: designated areas, descriptions of premises and times

2A (1) The supply of hot food or hot drink is an exempt supply for the
purposes of paragraph 1(1) if it takes place—

(a) 35on or from premises which are wholly situated in an area
designated by the relevant licensing authority;

(b) on or from premises which are of a description designated by
the relevant licensing authority; or

Deregulation BillPage 39

(c) during a period (beginning no earlier than 11.00 p.m. and
ending no later than 5.00 a.m.) designated by the relevant
licensing authority.

(2) A licensing authority may designate a description of premises under
5sub-paragraph (1)(b) only if the description is one that is prescribed
by regulations.

(3) A designation under sub-paragraph (1) may be varied or revoked by
the licensing authority that made it.

(4) A licensing authority that makes, varies or revokes a designation
10under sub-paragraph (1) must publish the designation, variation or
revocation.

(5) In sub-paragraph (1) references to the “relevant licensing authority”,
in relation to a supply of hot food or hot drink, are references to—

(a) the licensing authority in whose area the premises on or from
15which the food or drink is supplied are situated, or

(b) where those premises are situated in the areas of two or more
licensing authorities, any of those authorities.

52 Removal of requirement to report loss or theft of licence etc to police

In the Licensing Act 2003, omit the following provisions (which impose
20requirements for the loss or theft of certain documents to be reported to the
police before copies may be issued)—

(a) in section 25 (premises licence or summary), subsection (3)(b), and the
“and” before it;

(b) in section 79 (club premises certificate or summary), subsection (3)(b),
25and the “and” before it;

(c) in section 110 (temporary event notice), subsection (4)(b), and the “and”
before it;

(d) in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and
the “and” before it.

53 30Exhibition of films in community premises

In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
in Part 2 (exemptions), after paragraph 6 insert—

(1) The provision of entertainment consisting of the exhibition of a film
at community premises is not to be regarded as the provision of
35regulated entertainment for the purposes of this Act if the following
conditions are satisfied.

(2) The first condition is that prior written consent for the entertainment
to take place at the community premises has been obtained, by or on
behalf of a person concerned in the organisation or management of
40the entertainment—

(a) from the management committee of the community
premises, or

(b) where there is no management committee, from—