Deregulation Bill (HC Bill 5)

(i) a person who has control of the community premises
(as occupier or otherwise) in connection with the
carrying on by that person of a trade, business or
other undertaking (for profit or not), or

(ii) 5where there is no such person, an owner of the
community premises.

(3) The second condition is that the entertainment is not provided with
a view to profit.

(4) The third condition is that the entertainment takes place in the
10presence of an audience of no more than 500 persons.

(5) The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.

(6) The fifth condition is that the film classification body or the relevant
licensing authority has made a recommendation concerning the
15admission of children to an exhibition of the film and—

(a) where a recommendation has been made only by the film
classification body, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that body;

(b) 20where a recommendation has been made only by the relevant
licensing authority, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that authority;

(c) where recommendations have been made both by the film
25classification body and the relevant licensing authority, the
admission of children is subject to such restrictions (if any) as
are necessary to comply with the recommendation of the
relevant licensing authority.

(7) In sub-paragraph (6) the reference to the “relevant licensing
30authority”, in relation to the exhibition of a film at particular
community premises, is a reference to—

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

(b) where the premises are situated in the areas of two or more
35licensing authorities, those authorities or (as the context
requires) such of those authorities as have made a
recommendation.

(8) In this paragraph—

• “children” and “film classification body” have the same
  40meaning as in section 20;

• “owner”, in relation to community premises, means—

  (a)

  a person who is for the time being entitled to dispose
  of the fee simple in the premises, whether in
  possession or in reversion, or

  (b)

  45a person who holds or is entitled to the rents and
  profits of the premises under a lease which (when
  granted) was for a term of not less than 3 years.”

54 TV licensing: duty to review sanctions

(1) The Secretary of State must carry out a review of the sanctions that are
appropriate in respect of contraventions of section 363 of the Communications
Act 2003 (licence required for installation or use of television recording).

(2) 5A review under subsection (1) must—

(a) examine proposals for decriminalisation of offences under section 363
of the Communications Act 2003;

(b) begin before the end of a period of 3 months from the day on which this
Act is passed;

(c) 10be completed no later than 12 months after the day on which it begins;
and

(d) be laid before both Houses of Parliament by the Secretary of State on
completion and be presented to the BBC Trust.

55 TV licensing: alternatives to criminal sanctions

(1) 15The Secretary of State may by regulations made by statutory instrument—

(a) replace the TV licensing offences with civil monetary penalties payable
to the BBC, or

(b) amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so
as to enable an order to be made under section 36 of that Act conferring
20power on the BBC to impose in relation to a TV licensing offence—

(i) a fixed monetary penalty (within the meaning of that Part);

(ii) a variable monetary penalty (within the meaning of that Part).

(2) Regulations under subsection (1)(a) may provide for the amount of a monetary
penalty to be a fixed amount specified in, or determined in accordance with,
25the regulations.

(3) Regulations under subsection (1)(a) must—

(a) make provision as to the steps that must be taken before a monetary
penalty is imposed;

(b) make provision conferring rights to appeal against the imposition of a
30monetary penalty.

(4) Regulations under subsection (1)(a) may make provision corresponding to any
provision that could be included in an order under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early
payment discounts, late payment and enforcement).

(5) 35Regulations under subsection (1)(a) may—

(a) confer powers to obtain information for the purpose of determining
whether to impose a monetary penalty;

(b) confer powers of entry, search or seizure for that purpose.

(6) Regulations under subsection (1)(a) may repeal or otherwise amend any
40provision of Part 4 of the Communications Act 2003.

(7) Any sums received by the BBC by virtue of regulations under this section must
be paid into the Consolidated Fund.

(8) Regulations under this section may include—

(a) consequential provision, or

(b) 45transitional, transitory or saving provision,

and any such provision may be made by repealing, revoking or otherwise
amending or modifying legislation.

(9) Regulations under this section may make different provision for different
purposes or areas.

(10) 5A statutory instrument containing regulations under this section may not be
made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.

(11) Unless the power conferred by subsection (1) is exercised before the end of the
period of 24 months beginning with the day on which the review required by
10section 54 is completed, this section expires at the end of that period.

(12) “The TV licensing offences” are—

(a) the offence under section 363(2) of the Communications Act 2003
(installing or using a television receiver without a licence), and

(b) the offence under section 363(3) of that Act (having a receiver in a
15person’s possession intending to install or use it without a licence etc).

(13) In this section—

• “the BBC” means the British Broadcasting Corporation;

• “legislation” means—

  (a)

  an Act or subordinate legislation (within the meaning of the
  20Interpretation Act 1978);

  (b)

  an Act of the Scottish Parliament or an instrument made under
  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales or an
  instrument made under a Measure or Act of that Assembly; and

  (d)

  25Northern Ireland legislation or an instrument made under
  Northern Ireland legislation.

Administration of justice

56 Repeal of Senior President of Tribunals’ duty to report on standards

In section 15A of the Social Security Act 1998 (functions of Senior President of
30Tribunals), omit subsections (2) and (3) (which require the preparation and
publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
First-tier Tribunal).

57 Criminal procedure: written witness statements

(1) 35Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for
“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.

(3) 40After subsection (2) insert—

“(2A) For the purposes of subsection (2)(d), “the relevant period” is—

(a) such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) 45if no such number is prescribed, seven days from the service of
the copy of the statement.

(2A)(a)such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
5the copy of the statement.”

(4) Omit the following—

(a) subsections (3) and (3A) (which make provision about the content of
written statements etc);

(b) subsection (6) (which provides for written statements to be read aloud
10unless the court otherwise directs);

(c) subsection (8) (which deals with the service of documents).

(5) In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

“(2A) 15The statement is to be treated as properly served for the
purposes of section 9 of the Criminal Justice Act 1967 (proof
by written statement), even though the manner of service is
not authorised by Criminal Procedure Rules.”;

(b) in sub-paragraph (3)—

(i) 20omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “either of those sections” substitute
“that section”;

(c) after sub-paragraph (5) insert—

“(5A) If the alleged offender makes a request to be tried, section
259(2A) of the Criminal Justice Act 1967 (time for objection) is
to apply—

(a) with the substitution for the reference in paragraph
(a) to such number of days, which may not be less
than seven, from the service of the copy of the
30statement of a reference to such number of days,
which may not be less than seven, beginning with the
day after the one on which the request to be tried was
made, and

(b) with the substitution for the reference in paragraph
35(b) to seven days from the service of the copy of the
statement of a reference to seven days beginning with
the day after the one on which the request to be tried
was made.”;

(d) in sub-paragraph (6)—

(i) 40omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “are to apply” substitute “is to apply”.

(6) In consequence of subsection (4)—

(a) in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
45(b)”;

(b) in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;

(c) in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
paragraph 6(1);

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

58 Criminal procedure: written guilty pleas

(1) Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
plea of guilty) is amended as follows.

(2) 5In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) Rules of court may—

(a) specify which of paragraphs (a) to (d) of subsection (7) (if any)
10are to apply;

(b) provide that any such paragraph is to apply only in
circumstances specified in the rules.

(7ZB) Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”

59 15Criminal procedure: powers to make Criminal Procedure Rules

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—

(a) in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b) omit subsection (6A).

(2) 20In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
and issue of warrants in respect of excluded or special procedure material)—

(a) omit paragraphs 7 to 10 (which deal with the procedure for applications
25for production orders);

(b) after paragraph 15 insert—

“Procedural rules

15A Criminal Procedure Rules may make provision about
proceedings under this Schedule.”

(4) 30In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue
of warrants in respect of obtaining information in terrorist investigations:
England and Wales and Northern Ireland), in paragraph 11 (which deals with
the issue of warrants in respect of excluded or special procedure material),
after sub-paragraph (4) insert—

“(5) 35Criminal Procedure Rules may make provision about proceedings
relating to a warrant under this paragraph.”

(5) In the Criminal Justice and Police Act 2001, in section 59 (applications for the
return of seized property etc), after subsection (12) insert—

“(13) Criminal Procedure Rules may make provision about proceedings
40under this section on an application to a judge of the Crown Court in
England and Wales.”

(6) In the Proceeds of Crime Act 2002, in section 352 (applications for search and
seizure warrants), after subsection (7) insert—

“(8) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge entitled to exercise the
5jurisdiction of the Crown Court in England and Wales.”

60 “MAPPA arrangements” to cease to apply to certain offenders

(1) Section 327 of the Criminal Justice Act 2003 (which makes provision about the
offenders in respect of whom multi-agency public protection arrangements -
sometimes referred to as “MAPPA arrangements” - must be made) is amended
10as follows.

(2) In subsection (1), for “subsections (2) to (5)” substitute “subsections (2) to (4)”.

(3) In subsection (3), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.

(4) In subsection (4), in paragraph (a), after “Schedule 15” insert “or in subsection
15(4A) below”.

(5) After subsection (4) insert—

“(4A) The offences specified in this subsection are—

(a) an offence under section 1 of the Child Abduction Act 1984
(abduction of child by parent);

(b) 20an offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation), where the offence is committed against a child;

(c) an offence under section 4(3) of the Misuse of Drugs Act 1971
where the offence is committed by—

(i) 25supplying or offering to supply a Class A drug to a
child,

(ii) being concerned in the supplying of such a drug to a
child, or

(iii) being concerned in the making to a child of an offer to
30supply such a drug;

(d) an offence of aiding, abetting, counselling, procuring or inciting
the commission of an offence specified in this subsection;

(e) an offence of conspiring to commit an offence so specified;

(f) an offence of attempting to commit an offence so specified.”

(6) 35Omit subsection (5).

(7) In subsection (6), after “In this section” insert “—

• child” means a person under 18;”.

61 Removal of requirement that prison closures be made by order

(1) The Prison Act 1952 is amended as follows.

(2) 40In section 37 (closing of prisons)—

(a) in subsection (1)—

(i) omit “Subject to the next following subsection,”;

(ii) omit “by order”;

(b) omit subsections (2) and (3).

(3) In section 43 (remand centres and young offender institutions)—

(a) in subsection (5), for “sections 28 and 37(2)” substitute “section 28”;

(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “and 28”.

(4) 5In section 52 (exercise of power to make orders, rules and regulations)—

(a) in subsection (1), omit “, 37”;

(b) in subsection (2), omit “or an order made under section thirty-seven of
this Act,”.

Other measures to reduce burdens on public authorities

62 10London street trading appeals: removal of role of Secretary of State in appeals

(1) The London Local Authorities Act 1990 is amended in accordance with
subsections (2) and (3).

(2) After section 30 insert—

“30A Other Part III appeals

(1) 15Any person aggrieved—

(a) by a resolution rescinding or varying a designating resolution;

(b) by a resolution under subsection (1)(b) of section 24
(Designation of licence streets) of this Act;

(c) by a standard condition prescribed by regulations under
20subsection (3) of section 27 (Conditions of street trading
licences) of this Act; or

(d) by the amount of a fee or charge under section 32 (Fees and
charges) of this Act;

may appeal to a magistrates’ court acting for the area of the borough
25council which passed the resolution, prescribed the condition or
determined the amount of the fee or charge (as the case may be).

(2) An appeal under subsection (1) may be brought—

(a) in the case of an appeal under paragraph (a) or (b) of that
subsection, at any time before the expiration of the period of
30three months beginning with the date on which notice of the
passing of the resolution is published for the second time in
accordance with subsection (10) of section 24 (Designation of
licence streets) of this Act;

(b) in the case of an appeal under paragraph (c) of that subsection,
35at any time before the expiration of the period of three months
beginning with the date upon which the licence holders or a
body or bodies representative of them were notified of the
making of the regulations;

(c) in the case of an appeal under paragraph (d) of that
40subsection—

(i) if it relates to the amount of a fee payable under
subsection (1) of section 32 (Fees and charges) of this
Act, at any time before the expiration of the period of
three months beginning with the date on which the fee

payable is notified to the licence holders or a body or
bodies representative of them;

(ii) if it relates to the amount of a charge under subsection
(2) of section 32 (Fees and charges) of this Act, at any
5time before the expiration of the period of three months
beginning with the date on which notice of the
determination of the charge has been given to the licence
holders or a body or bodies representative of them.

(3) A person desiring to appeal under subsection (1) shall give written
10notice to the magistrates’ court and to the borough council specifying
the matter about which the person is aggrieved and the grounds upon
which the appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(3) 15In section 30—

(a) omit subsections (11) and (12);

(b) in the sidenote, after “Part III appeals” insert “: refusal to grant a licence
etc.”.

(4) Section 19 of the City of Westminster Act 1999 is amended as follows.

(5) 20In subsection (1), for the words from “the Secretary of State” to the end of the
subsection substitute “a magistrates’ court acting for the area of the council”.

(6) After subsection (2) insert—

“(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the council specifying the matter
25about which the person is aggrieved and the grounds upon which the
appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(7) For the sidenote substitute “Appeals to a magistrates’ court”.

63 30Gangmasters (Licensing) Act 2004: enforcement

In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and
compliance officers) after subsection (6) insert—

“(7) This section does not prevent the Secretary of State from making
arrangements for ensuring that functions relating to the institution or
35conduct of proceedings in England and Wales for an offence under this
Act are carried out by the Director of Public Prosecutions and,
accordingly, the terms of appointments under subsection (1), or
arrangements under subsection (2), may include provision, or be
modified so as to include provision, for enforcement officers not to
40carry out such functions at any time when they are being carried out by
the Director.”

64 Reduction in regulation of providers of social work services

(1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act
to apply to a provider of social work services as it applies to an agency to which
that Act applies).

(2) 5In consequence of subsection (1)—

(a) in that Act, omit—

(i) section 5(1A)(f), and the “and” before it;

(ii) section 121(4A);

(b) in the Children and Young Persons Act 2008, omit section 4.

65 10Access to registers kept by Gas and Electricity Markets Authority

(1) Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas
supply) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(3) 15For subsection (4) substitute—

“(4) The contents of the register must be shown on the Authority’s website.”

(4) In consequence of the amendment made by subsection (3) of this section, in
subsection (5), for “so made” substitute “made by the Secretary of State”.

(5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that
20Act: electricity supply) is amended in accordance with subsections (6) to (8).

(6) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(7) For subsection (5) substitute—

“(5) The contents of the register must be shown on the Authority’s website.”

(8) 25In consequence of the amendment made by subsection (7) of this section, in
subsection (6), for “so made” substitute “made by the Secretary of State”.

66 Repeal of duty to prepare sustainable community strategy

(1) In the Local Government Act 2000, omit section 4 (which requires local
authorities in England to prepare sustainable community strategies).

(2) 30In consequence of subsection (1), omit the following provisions—

(a) in that Act of 2000, section 4A;

(b) in the Planning and Compulsory Purchase Act 2004, section 19(2)(f)
and (g) and (7);

(c) in the Sustainable Communities Act 2007, section 7;

(d) 35in the Local Government and Public Involvement in Health Act 2007,
sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;

(e) in the Housing and Regeneration Act 2008, section 126;

(f) in the Child Poverty Act 2010, section 24;

(g) in the Equality Act 2010, section 1(4) and (5);

(h) 40in the Local Government (Wales) Measure 2009, in Schedule 2,
paragraph 3.

67 Repeal of duties relating to local area agreements

(1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in
Health Act 2007—

(a) omit sections 105 to 113 (which impose duties on local authorities in
5England to make local area agreements specifying local improvement
targets if so directed by the Secretary of State);

(b) in section 117—

(i) omit the definitions of “designated target”, “local area
agreement”, “local improvement target” and “revision
10proposal”;

(ii) in the definition of “responsible local authority” omit the words
from “and “the responsible local authority”, in relation to a local
area agreement” to the end of the definition;

(c) omit section 118(1) and (2) (which make transitional provision in
15relation to local area agreements).

(2) In consequence of subsection (1), in the heading of the Chapter, omit “Local
Area Agreements and”.

68 Repeal of provisions relating to multi-area agreements

(1) Omit Part 7 of the Local Democracy, Economic Development and Construction
20Act 2009 (which makes provision for the approval by the Secretary of State of
multi-area agreements prepared by local authorities in England and for the
effect of such approval etc).

(2) In consequence of subsection (1)—

(a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
25omit paragraph 377;

(b) in the Education Act 2011, in Schedule 16, omit paragraph 45;

(c) in the Health and Social Care Act 2012, in Schedule 5, omit paragraph
172.

69 Repeal of duties relating to consultation or involvement

(1) 30In the Local Government Act 1999, omit section 3A (which makes provision for
best value authorities to involve local representatives in the exercise of their
functions).

(2) In consequence of subsection (1)—

(a) in the Local Government and Public Involvement in Health Act 2007,
35omit section 138;

(b) in the Local Government Act 1999, omit “3A,”;

(c) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 243.

(3) Schedule 18 makes provision for disapplying certain other requirements about
40consultation etc imposed on public bodies.