House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23 June 2014
56

Deregulation Bill, continued

“Part A1

Duration of driving licences to be granted to drivers with relevant or

prospective disabilities

A1
Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is

amended as follows.

A2
In section 99 (duration of licences of drivers of motor vehicles of classes other

than any prescribed class of goods vehicle or any prescribed class of

passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be

granted to person suffering from relevant or prospective disability), for the

words from “of not more than” to “may determine” substitute “as the Secretary

of State may determine which shall be a period—

(i)
of not more than ten years and not less than one year,

ending on or before the seventieth anniversary of the

applicant’s date of birth, or

(ii)
where, at the time the licence is granted, there are less

than three years until that seventieth anniversary or

where the licence is granted on or after that

anniversary, of not more than three years and not less

than one year”.

A3
In consequence of paragraph A2, in section 100(1)(b) (appeals relating to

licences: determination under section 99(1)(b))—

(a)
for “three” substitute “ten”;

(b)
after “or less” insert “or, where sub-paragraph (ii) of section 99(1)(b)

applies, for three years or less”.”

nEW clauses and new schedules relating to tv licensing and amendments

to clauses 54 and 55

Chi Onwurah

Helen Goodman

Withdrawn  62

Clause  54,  page  40,  line  13,  at end insert—

“(3)
The Secretary of State must lay the terms of reference of a review under

subsection (1) before each House of Parliament.”

Tom Brake

Oliver Heald

Mr David Nuttall

Agreed to  14

Clause  55,  page  40,  line  24,  after “be” insert “—

(a)
”

Tom Brake

Oliver Heald

Agreed to  15

Clause  55,  page  40,  line  25,  at end insert “, or

Report Stage Proceedings: 23 June 2014
57

Deregulation Bill, continued

(b)
such amount, not exceeding a maximum amount specified in the

regulations, as may be determined by a body so specified.”

Chi Onwurah

Helen Goodman

Not called  63

Clause  55,  page  41,  line  26,  at end insert—

“(14)
The power conferred by subsection (1) may not be exercised until after the BBC’s

Royal Charter has next been reviewed.”

remaining new clauses; remaining new schedules; remaining proceedings

on consideration

Tom Brake

Oliver Heald

Added  NC3

To move the following Clause—

“Limit on indemnity required under Outer Space Act 1986

(1)
The Outer Space Act 1986 is amended as follows.

(2)
In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

“(3A)
An order under subsection (3) may—

(a)
provide that section 10(1) does not apply to a person to the extent

that the person is carrying on activities that do not require a

licence by virtue of the order;

(b)
specify the maximum amount of a person’s liability under

section 10(1) so far as the liability relates to the carrying on of

activities that do not require a licence by virtue of the order.”

(3)
In section 5 (terms of licence), after subsection (2) insert—

“(3)
A licence must specify the maximum amount of the licensee’s liability to

indemnify Her Majesty’s government in the United Kingdom under

section 10 in respect of activities authorised by the licence.”

(4)
In section 10 (obligation to indemnify government against claims), after

subsection (1) insert—

“(1A)
Subsection (1) is subject to—

(a)
any limit on the amount of a person’s liability that is specified in

a licence, and

(b)
any order made under section 3(3).”

(5)
The Secretary of State may vary any licence under section 4 of the 1986 Act that

is held at the time when this section comes into force so as to specify the

maximum amount of the licencee’s liability under section 10 of that Act.

(6)
A variation under subsection (5) is to be made by giving notice in writing to the

licensee.

(7)
The power under section 15(6) of the 1986 Act may be exercised so as to extend

to any of the Channel Islands, the Isle of Man or any British overseas territory any

Report Stage Proceedings: 23 June 2014
58

Deregulation Bill, continued

provision made by this section (subject to any specified exceptions or

modifications).”

Tom Brake

Oliver Heald

Added  NC6

To move the following Clause—

“Power of HMRC to disclose information for purposes of certain litigation

(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

information held by them—

(a)
to a person who is entitled to bring proceedings under the fatal accidents

legislation or for whose benefit such proceedings may be brought, for use

in connection with the proceedings or in reaching a settlement without

the need to bring proceedings;

(b)
to a person who is entitled to bring proceedings for damages for personal

injury for the benefit of the estate of a deceased person, for use in

connection with the proceedings or in reaching a settlement without the

need to bring proceedings;

(c)
to a person who has made or who wishes to make an application for a

payment under the Diffuse Mesothelioma Payment Scheme on the basis

that he or she is eligible for such a payment under section 3 of the

Mesothelioma Act 2014 (eligibility of dependants for payments under

the Scheme), for use in connection with the application.

(2)
“The fatal accidents legislation” means—

(a)
the Fatal Accidents Act 1976;

(b)
the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I.

18));

(c)
section 4 of the Damages (Scotland) Act 2011.”

Tom Brake

Oliver Heald

Added  NC7

To move the following Clause—

“Combining different forms of subordinate legislation

(1)
Any provision that may be made by order, regulations or rules made by statutory

instrument may be made by any other of those forms of legislation made by

statutory instrument.

(2)
Subsection (1) does not affect the procedure for making the instrument.

(3)
A reference in any enactment or other instrument to an order, regulations or rules

under an enactment (however expressed) includes a reference to provision made

under it because of subsection (1).

Report Stage Proceedings: 23 June 2014
59

Deregulation Bill, continued

(4)
Subsection (1) does not apply in relation to any power of the Welsh Ministers to

make provision by statutory instrument.”

Tom Brake

Oliver Heald

Added  NC20

To move the following Clause—

“Tenancy deposits

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after

section 215 insert—

“215A
Statutory periodic tenancies: deposit received before 6 April 2007

(1)
This section applies where—

(a)
before 6 April 2007, a tenancy deposit has been received by a

landlord in connection with a fixed term shorthold tenancy, and

(b)
on or after that date, a periodic shorthold tenancy is deemed to

arise under section 5 of the Housing Act 1988 on the coming to

an end of the fixed term tenancy.

(2)
If, on the commencement date—

(a)
the periodic tenancy is in existence, and

(b)
all or part of the deposit paid in connection with the fixed term

tenancy continues to be held in connection with the periodic

tenancy,


section 213 applies in respect of the deposit that continues to be held in

connection with the periodic tenancy, and any additional deposit held in

connection with that tenancy, with the modifications set out in subsection

(3).

(3)
The modifications are that, instead of the things referred to in section

213(3) and (5) being required to be done within the time periods set out

in section 213(3) and (6)(b), those things are required to be done—

(a)
before the end of the period of 90 days beginning with the

commencement date, or

(b)
(if earlier) before the first day after the commencement date on

which a court does any of the following in respect of the periodic

tenancy—

(i)
determines an application under section 214 or decides

an appeal against a determination under that section;

(ii)
makes a determination as to whether to make an order

for possession in proceedings under section 21 of the

Housing Act 1988 or decides an appeal against such a

determination.

(4)
If, on the commencement date—

(a)
the periodic tenancy is no longer in existence, or

(b)
no deposit continues to be held in connection with the periodic

tenancy,

Report Stage Proceedings: 23 June 2014
60

Deregulation Bill, continued


the requirements of section 213(3), (5) and (6) are treated as if they had

been complied with by the landlord in respect of any deposit that was

held in connection with the periodic tenancy.

(5)
In this section and sections 215B to 215D “the commencement date”

means the date on which section (Tenancy deposits) of the Deregulation

Act 2014 is fully in force in England and Wales.

215B
Statutory periodic tenancies: deposit received on or after 6 April 2007

(1)
This section applies where—

(a)
on or after 6 April 2007, a tenancy deposit has been received by

a landlord in connection with a fixed term shorthold tenancy,

(b)
the requirements of section 213(3), (5) and (6) have been

complied with by the landlord in respect of the deposit held in

connection with the fixed term tenancy,

(c)
a periodic shorthold tenancy is deemed to arise under section 5

of the Housing Act 1988 on the coming to an end of the fixed

term tenancy, and

(d)
when the periodic tenancy arises, the deposit paid in connection

with the fixed term tenancy continues to be held—

(i)
in connection with the periodic tenancy, and

(ii)
in accordance with the same authorised scheme as when

the requirements of section 213(3), (5) and (6) were last

complied with in respect of it.

(2)
The requirements of section 213(3), (5) and (6) are treated as if they had

been complied with by the landlord in respect of the deposit held in

connection with the periodic tenancy.

215C
Renewed fixed term or contractual periodic tenancies: deposit

received on or after 6 April 2007

(1)
This section applies where—

(a)
on or after 6 April 2007, a tenancy deposit has been received by

a landlord in connection with a shorthold tenancy (“the original

tenancy”),

(b)
the requirements of section 213(5) and (6) have been complied

with by the landlord in respect of the deposit held in connection

with the original tenancy,

(c)
a new fixed term or periodic shorthold tenancy (“the new

tenancy”) comes into being on the coming to an end of the

original tenancy or a tenancy that replaces the original tenancy,

(d)
the new tenancy is not one that is deemed to arise under section

5 of the Housing Act 1988,

(e)
the new tenancy replaces the original tenancy, and

(f)
when the new tenancy comes into being, the deposit paid in

connection with the original tenancy continues to be held—

(i)
in connection with the new tenancy, and

(ii)
in accordance with the same authorised scheme as when

the requirements of section 213(5) and (6) were last

complied with in respect of it.

(2)
The requirements of section 213(5) and (6) are treated as if they had been

complied with by the landlord in respect of the deposit held in connection

with the new tenancy.

Report Stage Proceedings: 23 June 2014
61

Deregulation Bill, continued

(3)
The condition in subsection (1)(a) may be met in respect of a tenancy

even if—

(a)
it replaces an earlier tenancy, and

(b)
the tenancy deposit was first received in connection with the

earlier tenancy (either before or after 6 April 2007).

(4)
For the purposes of this section, a tenancy replaces another tenancy if—

(a)
the landlord and tenant under the later tenancy are the same as

under the earlier tenancy, and

(b)
the premises let under the later tenancy are the same or

substantially the same as those let under the earlier tenancy.

215D
Sections 215A to 215C: transitional provisions

(1)
Sections 215A to 215C are treated as having had effect since 6 April

2007, subject to the following provisions of this section.

(2)
Sections 215A to 215C do not have effect in relation to—

(a)
a claim under section 214 of this Act or section 21 of the Housing

Act 1988 in respect of a tenancy which is settled before the

commencement date (whether or not proceedings in relation to

the claim have been instituted), or

(b)
proceedings under either of those sections in respect of a tenancy

which have been finally determined before the commencement

date.

(3)
Subsection (5) applies in respect of a tenancy if—

(a)
proceedings under section 214 in respect of the tenancy have

been instituted before the commencement date but have not been

settled or finally determined before that date, and

(b)
because of section 215A(4), 215B(2) or section 215C(2), the

court decides—

(i)
not to make an order under section 214(4) in respect of

the tenancy, or

(ii)
to allow an appeal by the landlord against such an order.

(4)
Subsection (5) also applies in respect of a tenancy if—

(a)
proceedings for possession under section 21 of the Housing Act

1988 in respect of the tenancy have been instituted before the

commencement date but have not been settled or finally

determined before that date, and

(b)
because of section 215A(4), 215B(2) or 215C(2), the court

decides—

(i)
to make an order for possession under that section in

respect of the tenancy, or

(ii)
to allow an appeal by the landlord against a refusal to

make such an order.

(5)
Where this subsection applies, the court must not order the tenant or any

relevant person (as defined by section 213(10)) to pay the landlord’s

costs, to the extent that the court reasonably considers those costs are

attributable to the proceedings under section 214 or (as the case may be)

section 21 of the Housing Act 1988.

(6)
Proceedings have been “finally determined” for the purposes of this

section if —

Report Stage Proceedings: 23 June 2014
62

Deregulation Bill, continued

(a)
they have been determined by a court, and

(b)
there is no further right to appeal against the determination.

(7)
There is no further right to appeal against a court determination if there

is no right to appeal against the determination, or there is such a right

but—

(a)
the time limit for making an appeal has expired without an appeal

being brought, or

(b)
an appeal brought within that time limit has been withdrawn.”

Tom Brake

Oliver Heald

Added  NC21

To move the following Clause—

“Short-term use of London accommodation: power to relax restrictions

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

provision for circumstances in which the use as temporary sleeping

accommodation of any residential premises in Greater London does not involve

a material change of use by virtue of section 25(1) of the Greater London Council

(General Powers) Act 1973.

(2)
Regulations under this section may also make provision for and in connection

with enabling the Secretary of State or a local planning authority to direct that

provision included in the regulations by virtue of subsection (1) does not apply to

particular residential premises or to residential premises situated in a particular

area.

(3)
Regulations under this section may amend the Greater London Council (General

Powers) Act 1973.

(4)
Regulations under this section may—

(a)
make different provision for different purposes;

(b)
include incidental, supplementary, consequential, transitional, transitory

or saving provision.

(5)
A statutory instrument containing regulations under this section may not be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.

(6)
In this section, “local planning authority” has the same meaning as in the Town

and Country Planning Act 1990 (see section 336(1) of that Act).”

Tom Brake

Oliver Heald

Added  NC22

To move the following Clause—

“Electoral Commission: changes to facilitate efficient administration

(1)
Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the

Electoral Commission) is amended as follows.



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