House of Commons Public Bill Committee Proceedings

Session 2014 - 15
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Other Bills before Parliament

49

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 23 June 2014

Report Stage Proceedings

Deregulation Bill

[Second Day]

nEW cLAUSES AND NEW SCHEDULES RELATING TO DRIVING AND TO ROADS,

RAILWAYS, TRAMWAYS AND OTHER MEANS OF TRANSPORT AND AMENDMENTS TO

CLAUSES 8 TO 12 AND 32 TO 35 AND SCHEDULES 2 AND 3 AND 8 TO 10

Tom Brake

Oliver Heald

Added  NC4

To move the following Clause—

“Removal of restriction on investigation of tramway accidents in Scotland by RAIB

(1)
The Railways and Transport Safety Act 2003 is amended as follows.

(2)
In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident

Investigation Branch), omit subsection (2) (which prevents the Part from

applying to tramways in Scotland).

(3)
In consequence of subsection (2), omit section 1(3).”

Tom Brake

Oliver Heald

Added  NC25

To move the following Clause—

“Civil penalties for parking contraventions: enforcement

(1)
Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic

contraventions) is amended as follows.

(2)
After section 78 (notification of penalty charge) insert—

“78A
Notification of penalty charge: parking contraventions in England

(1)
Regulations under section 78 must include provision requiring

notification of a penalty charge to be given by a notice affixed to the

vehicle where the charge is in respect of a parking contravention on a

road in a civil enforcement area in England.

(2)
The regulations may, however, provide that the requirement does not

apply in circumstances specified in the regulations (which may be framed

Report Stage Proceedings: 23 June 2014
50

Deregulation Bill, continued

by reference to the type of contravention, the circumstances in which a

contravention occurs or in any other way) and, where the regulations so

provide, they may make any such alternative provision for notification as

is authorised by section 78.”

(3)
After section 87 insert—

“87A
Power to prohibit use of devices etc:parking contraventions in

England

(1)
The Secretary of State may by regulations make provision to prohibit the

use by civil enforcement officers of a device of a description specified in

the regulations, or of records produced by such a device, in connection

with the enforcement of parking contraventions on a road in a civil

enforcement area in England.

(2)
The prohibition may be—

(a)
general, or

(b)
limited to particular uses specified in the regulations.

(3)
The regulations may provide that a general or limited prohibition does

not apply in circumstances specified in the regulations (which may be

framed by reference to the type of contravention, the circumstances in

which a contravention occurs or in any other way).

(4)
Regulations under this section may amend this Part or any provision

made under it.””

Bill Wiggin

Withdrawn  nc15

To move the following Clause—

“Footpaths: provisions to stop up or divert due to privacy, safety or security

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

(2)
In section 118 (Stopping up of footpaths, birdleways and restricted byways), in

subsection (1) after “on the ground that it is not needed for public use”, insert “or

the public need could reasonably be provided by an alternative public right of way

or highway nearby”.

(3)
After subsection (1) insert—

“(1A)
When making a determination under subsection (1A) the council and

Secretary of State shall have regard to the presumption that footpaths

should not pass through farmyards, gardens, commercial premises or

other land where privacy, safety or security are an issue.”.

(4)
In section 119 (Diversion of footpaths, bridleways and restricted byways),

subsection (6A) after “a public right of way,”, insert “, and the presumption that

paths should not pass through farmyards, commercial areas, gardens or other land

where privacy, safety or security is an issue.”

Report Stage Proceedings: 23 June 2014
51

Deregulation Bill, continued

Mr Brooks Newmark

Not called  NC17

To move the following Clause—

“Presumed diversion of intrusive public rights of way in limited circumstances

In section 119 of the Highways Act 1980, after subsection (6A), insert—

(6B)
Where a path or way passes through the curtilage of a residential

dwelling including the gardens and driveways of the premises, a working

farmyard or forestry yard or other operational business or working

industrial premises—

(a)
subsections (6) and (6A) above shall not apply; and

(b)
the Secretary of State or council shall confirm a public path

diversion order unless he, or as the case may be, they are satisfied

that the privacy, safety or security of the premises are not

adversely affected by the existence or use of the path.

(6C)
Where the premises have been unlawfully extended to encompass the

path or way subsection (6B) above do not apply.

(6D)
In exercising the powers under this section, the Secretary of State and the

council shall have particular regard to the presumption that public rights

of way or highways should not pass through the curtilage of residential

premises including the gardens and driveways of the premises, a working

farmyard or forestry yard or other operational business or working

industrial premises.””

Mr Brooks Newmark

Not called  NC18

To move the following Clause—

“Presumed extinguishment of intrusive public rights of way in limited circumstances

In section 118 of the Highways Act 1980, after subsection (6), insert—

“(6A)
Where a path or way passes through the curtilage of a residential

dwelling including the gardens and driveways of the premises, a working

farmyard or forestry yard or other operational business or working

industrial premises a council shall make and the Secretary of State or the

council shall confirm an order stopping up a path or way unless he, or as

the case may be, they are satisfied that—

(a)
the privacy, safety or security of the premises are not adversely

affected by the existence or use of the path; or

(b)
it is possible to divert the path or way such that the privacy,

safety or security of the premises are not adversely affected by

the existence or use of the path; or

(c)
the path or way provides access to a vital local service or amenity

not otherwise reasonably accessible.

(6B)
In exercising the powers under this section, the Secretary of State and the

council shall have particular regard to the presumption that public rights

of way or highways should not pass through the curtilage of residential

Report Stage Proceedings: 23 June 2014
52

Deregulation Bill, continued

premises including the gardens and driveways of the premises, a working

farmyard or forestry yard or other operational business or working

industrial premises.””

Mr Brooks Newmark

Not called  NC19

To move the following Clause—

“Presumed extinguishment of intrusive byways open to all traffic in limited

circumstances

In section 116 of the Highways Act 1980, after subsection (1), insert—

“(1A)
Where a byway open to all traffic passes through the curtilage of a

residential dwelling including the gardens and driveways of the premises,

a working farmyard or forestry yard or other operational business or

working industrial premises it is presumed that diversion of the highway

so that it does not so pass will make the path more commodious and that

the highway is unnecessary unless the court is satisfied that—

(a)
the privacy, safety or security of the premises are not adversely

affected by the existence or use of the path; or

(b)
the path or way provides access to a vital local service or amenity

not otherwise reasonably accessible.

(1B)
In exercising the powers under this section, the authority and the court

shall have particular regard to the presumption that a byway open to all

traffic should not pass through the curtilage of residential premises

including the gardens and driveways of the premises, a working farmyard

or forestry yard or other operational business or working industrial

premises.

(1C)
A “byway open to all traffic” means a highway over which the public

have a right of way for vehicular and all other kinds of traffic, but which

is used mainly for the purposes for which footpaths and bridleways are

so used.”.”

Mary Creagh

Richard Burden

Chi Onwurah

Caroline Lucas

Barbara Keeley

Tom Greatrex

Negatived on division  61

Page  7,  line  22,  leave out Clause 10, Clause 11 and Clause 12

Report Stage Proceedings: 23 June 2014
53

Deregulation Bill, continued

Tom Brake

Oliver Heald

Agreed to  13

Clause  33,  page  25,  line  32,  at end insert—

“(aa)
the duration of driving licences to be granted to drivers with relevant or

prospective disabilities;”

Mr Gordon Marsden

Dr Alan Whitehead

Chi Onwurah

John McDonnell

Mary Creagh

Richard Burden

Negatived on division  1

Clause  35,  page  26,  line  4,  leave out paragraphs (a) and (b) and insert “in paragraph

(a) leave out from “if new and important evidence” to “discovered” and insert “where

secondary investigations have enabled more new, significant, or important evidence to

become available, having particular regard to—

(i)
enhancing and preserving the rights of those affected by a

maritime accident to learn from the proceedings of such

reinvestigations and conclusions drawn from them; and

(ii)
future safety issues and measures.”.”

Tom Brake

Oliver Heald

Agreed to  36

Schedule  2,  page  62,  line  13,  leave out “authorise the person to apply” and insert

“require the person”

Tom Brake

Oliver Heald

Agreed to  37

Schedule  2,  page  62,  line  36,  leave out “applicant” and insert “person”

Tom Brake

Oliver Heald

Agreed to  38

Schedule  2,  page  65,  line  26,  at end insert—


“unless the Registrar considers it appropriate for the application to be made at

such earlier time as may be specified by the Registrar.”

Tom Brake

Oliver Heald

Agreed to  39

Schedule  2,  page  66,  line  39,  leave out “applicant” and insert “person”

Report Stage Proceedings: 23 June 2014
54

Deregulation Bill, continued

Tom Brake

Oliver Heald

Agreed to  40

Schedule  2,  page  69,  line  30,  leave out paragraph 22

Tom Brake

Oliver Heald

Agreed to  41

Schedule  2,  page  72,  line  2,  leave out from “assessment” to end of line 3 and insert

“—

(i)
under section 125(2C) or 129(1B), or

(ii)
as mentioned in section 125(5)(a)(ii) or 129(5ZA),”

Tom Brake

Oliver Heald

Agreed to  42

Schedule  2,  page  72,  line  15,  at end insert—


“unless the Registrar considers it appropriate for the application to be made at

such earlier time as may be specified by the Registrar.”

Tom Brake

Oliver Heald

Agreed to  43

Schedule  2,  page  72,  line  37,  at end insert—


“Part 5 has effect as if after section 133D there were inserted—

“133E
Direction to disregard emergency control assessment requirement

(1)
This section applies where a person has been required—

(a)
under section 125(2C) or 129(1B), or

(b)
as mentioned in section 125(5)(a)(ii) or 129(5ZA),


to submit himself for an emergency control assessment.

(2)
At any time before the assessment takes place the Registrar may

withdraw the requirement (in which case this Part applies as if the

requirement had never been imposed).

(3)
At any time after the assessment takes place the Registrar may direct

that the requirement is to be disregarded for the purposes of this Part

(and accordingly any condition that the person holds an emergency

certificate is to cease to apply).

(4)
Notice of—

(a)
the withdrawal of a requirement under subsection (2), or

(b)
a direction under subsection (3),


must be given to the person on whom the requirement was imposed.””

Tom Brake

Oliver Heald

Agreed to  44

Schedule  2,  page  73,  line  21,  leave out “In”

Report Stage Proceedings: 23 June 2014
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Deregulation Bill, continued

Tom Brake

Oliver Heald

Agreed to  45

Schedule  2,  page  73,  line  23,  after “2006,” insert ‘is amended as follows.

      (2)
”

Tom Brake

Oliver Heald

Agreed to  46

Schedule  2,  page  73,  line  25,  at end insert—

“( )
in the second column, for “for registration as disabled driving

instructor” substitute “to be registered in respect of driving

instruction”;”

Tom Brake

Oliver Heald

Agreed to  47

Schedule  2,  page  73,  line  26,  at end insert—

    “(3)
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second

column, omit “disabled”.

      (4)
In the entry for section 133D of the Road Traffic Act 1988, in the second

column, for “disabled persons” substitute “persons required to hold an

emergency control certificates”.”

Tom Brake

Oliver Heald

Agreed to  48

Schedule  2,  page  73,  line  32,  at end insert—

“(aa)
in the second column, for “for registration as disabled driving

instructor” substitute “to be registered in respect of driving

instruction”;”

Tom Brake

Oliver Heald

Agreed to  49

Schedule  2,  page  73,  line  33,  at end insert—

    ‘(3)
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second

column, omit “disabled”.

      (4)
In the entry for section 133D of the Road Traffic Act 1988, in the second

column for “disabled persons” substitute “persons required to hold emergency

control certificates”.”

Tom Brake

Oliver Heald

Agreed to  51

Schedule  9,  page  122,  line  26,  at end insert—



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