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Lords Amendments to the Deregulation Bill


 
 

15

 
 

(b)    

persons who appear to the Secretary of State to represent

 

businesses with any premises within, or in the vicinity of,

 

the urban development area;

 

(c)    

each local authority for an area which falls wholly or partly

 

within the urban development area; and

 

(d)    

any other person whom the Secretary of State considers it

 

appropriate to consult.”

 

(3)    

The section has effect as if for subsection (3) there were substituted—

 

“(3)    

A statutory instrument containing an order under this section is

 

subject to annulment in pursuance of a resolution of either House

 

of Parliament.”

 

(4)    

The duty to consult under section 135(1A) of the Local Government,

 

Planning and Land Act 1980 (inserted by subsection (2) above) may be

 

satisfied by consultation before this section comes into force.”

 

Insert the following new Clause—

 

“Provision of advice etc about residential licences

 

In the Housing Act 1996, after section 220 insert—

 

“220A

Provision of general advice etc about residential licences: England

 

(1)    

The Secretary of State may give financial assistance to any person in

 

relation to the provision by that person of—

 

(a)    

information, training or general advice about any matter

 

relating to residential licences in England, or

 

(b)    

a dispute resolution service in connection with any matter

 

relating to residential licences in England.

 

(2)    

Financial assistance under this section may be given in such form

 

and on such terms as the Secretary of State considers appropriate.

 

(3)    

The terms on which financial assistance under this section may be

 

given may, in particular, include provision as to the circumstances

 

in which the assistance must be repaid or otherwise made good to

 

the Secretary of State and the manner in which that is to be done.””

After Clause 35

Insert the following new Clause—

“Road traffic legislation: use of vehicles in emergency response by NHS

(1)    

Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed

limits), as substituted by section 19 of the Road Safety Act 2006, is amended

in accordance with subsections (2) and (3).

(2)    

In subsection (1)—

(a)    

in paragraph (a), omit “, for ambulance purposes”;

(b)    

after paragraph (a) insert—

“(aa)    

it is being used for ambulance purposes or for the

purpose of providing a response to an emergency at

the request of an NHS ambulance service”;


 
 

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(c)    

in paragraph (c), after “paragraph (a)” insert “, (aa)”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

In subsection (1)(aa), “an NHS ambulance service” means—

 

(a)    

an NHS trust or NHS foundation trust established under the

 

National Health Service Act 2006 which has a function of

 

providing ambulance services;

 

(b)    

an NHS trust established under the National Health Service

 

(Wales) Act 2006 which has a function of providing

 

ambulance services;

 

(c)    

the Scottish Ambulance Service Board.”

 

(4)    

If this section comes into force before section 19 of the Road Safety Act 2006,

 

section 87 of the Road Traffic Regulation Act 1984 (as it has effect until

 

section 19 comes into force) is amended as follows.

 

(5)    

After subsection (1) insert—

 

“(1A)    

Subsection (1) above applies in relation to a vehicle that, although

 

not being used for ambulance purposes, is being used for the

 

purpose of providing a response to an emergency at the request of

 

an NHS ambulance service.

 

(1B)    

In subsection (1A), “an NHS ambulance service” means—

 

(a)    

an NHS trust or NHS foundation trust established under the

 

National Health Service Act 2006 which has a function of

 

providing ambulance services;

 

(b)    

an NHS trust established under the National Health Service

 

(Wales) Act 2006 which has a function of providing

 

ambulance services;

 

(c)    

the Scottish Ambulance Service Board.”

 

(6)    

Schedule (Road traffic legislation: use of vehicles in emergency response by NHS)

 

makes further amendments to road traffic legislation in connection with

 

the use of vehicles in the provision of an emergency response by the NHS.”

After Clause 57

Insert the following new Clause—

“Motor racing on public roads: general

(1)    

The Road Traffic Act 1988 is amended as follows.

(2)    

In section 12 (motor racing on public ways), after subsection (1) insert —

“(1A)    

Subsection (1) is subject to—

(a)    

in relation to England and Wales, sections 12A to 12F (which

make provision to allow the holding of races or trials of

speed between motor vehicles on public ways in England

and Wales);

(b)    

in relation to Scotland, sections 12G to 12I (which make

provision to allow the holding of races or trials of speed

between motor vehicles on public ways in Scotland).”

(3)    

After section 12 insert—


 
 

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“12A  

Motor race orders: England and Wales: overview

 

(1)    

Sections 12A to 12F allow highway authorities to make orders

 

relating to the holding of a race or trial of speed between motor

 

vehicles on a highway in England and Wales (“motor race orders”).

 

(2)    

A motor race order is made on the application of the person

 

promoting the event, with the permission of a motor sport

 

governing body (see sections 12B to 12D).

 

(3)    

The effect of a motor race order is set out in section 12E.

 

12B    

Permission to apply for motor race order

 

(1)    

A person who wishes to promote a race or trial of speed between

 

motor vehicles on a highway in England and Wales may apply for

 

a permit to a motor sport governing body authorised by regulations

 

made by the appropriate national authority to issue permits in

 

respect of a race or trial of speed of that kind.

 

(2)    

Before issuing a permit, the motor sport governing body must

 

consult—

 

(a)    

the highway authority for each area in which the event is to

 

take place or which is otherwise likely to be significantly

 

affected by the event,

 

(b)    

the local authority for each such area,

 

(c)    

the police authority for each such area,

 

(d)    

in the case of an event that is to take place in Greater

 

London, the Greater London Authority,

 

(e)    

each person who has given the motor sport governing body

 

written notice within the previous 12 months that the

 

person wishes to be consulted about applications under this

 

section, and

 

(f)    

such other persons as the motor sport governing body

 

thinks appropriate.

 

(3)    

The motor sport governing body must issue the permit if satisfied

 

that—

 

(a)    

the applicant intends to promote the proposed event,

 

(b)    

the applicant has the necessary financial and other

 

resources to make appropriate arrangements for the event,

 

(c)    

the applicant has arranged or will arrange appropriate

 

insurance cover in connection with the event, in accordance

 

with guidance issued by the motor sport governing body,

 

and

 

(d)    

the application includes all necessary details of the safety

 

and other arrangements proposed for the event.

 

(4)    

A permit must specify—

 

(a)    

any route to be followed in the course of the event;

 

(b)    

arrangements for the approval by the motor sport

 

governing body of drivers participating in the event;

 

(c)    

arrangements for the approval by the motor sport

 

governing body of vehicles to be used in the course of the

 

event;


 
 

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(d)    

arrangements made or to be made for insurance in

 

connection with the event.

 

(5)    

A permit may set out conditions that the motor sport governing

 

body thinks should be included in any motor race order made in

 

relation to the event.

 

(6)    

The appropriate national authority must by regulations list motor

 

sport governing bodies that are authorised to issue permits for the

 

purposes of this section.

 

(7)    

The regulations may specify the kinds of races or trials of speed

 

between motor vehicles on a highway in respect of which each

 

listed governing body may issue permits.

 

(8)    

The regulations may provide that a listed motor sport governing

 

body ceases to be authorised to issue permits if the rules of the

 

governing body—

 

(a)    

include provision of a kind specified in the regulations;

 

(b)    

do not include provision of a kind so specified.

 

(9)    

In this section—

 

“the appropriate national authority” means—

 

(a)    

in relation to England, the Secretary of State;

 

(b)    

in relation to Wales, the Welsh Ministers;

 

“local authority” means —

 

(a)    

a county or district council in England;

 

(b)    

a parish council in England;

 

(c)    

a London borough council;

 

(d)    

the Common Council of the City of London in its

 

capacity as a local authority;

 

(e)    

the Council of the Isles of Scilly;

 

(f)    

a county or county borough council in Wales.

 

12C    

Application for motor race order

 

(1)    

A motor race order may only be made on an application under this

 

section.

 

(2)    

An application may be made only by a person who—

 

(a)    

wishes to promote a race or trial of speed between motor

 

vehicles on a highway in England and Wales, and

 

(b)    

has a permit issued in accordance with section 12B in

 

relation to the event.

 

(3)    

The application must be made to the highway authority for the area

 

in which the event is to take place (and, where the event is to take

 

place in the area of more than one highway authority, separate

 

applications must be made under this section to each authority).

 

(4)    

The application must be made not less than 6 months before the

 

event.

 

(5)    

The application must be accompanied by—

 

(a)    

the permit issued in accordance with section 12B;

 

(b)    

details of any orders under section 16A of the Road Traffic

 

Regulation Act 1984 (prohibition or restriction on roads in


 
 

19

 
 

connection with certain events), and of any other orders,

 

regulations or other legislative instruments, that will be

 

needed in connection with the event;

 

(c)    

a risk assessment in such form as the highway authority

 

may specify;

 

(d)    

such fee as the highway authority may specify.

 

12D    

Determination of applications for motor race orders

 

(1)    

Before determining whether to make a motor race order, a highway

 

authority must consider—

 

(a)    

the likely impact of the event on the local community,

 

(b)    

the potential local economic and other benefits (in respect of

 

tourism or otherwise), and

 

(c)    

any other local considerations that the authority thinks

 

relevant.

 

(2)    

The highway authority may make the motor race order if satisfied

 

that—

 

(a)    

adequate arrangements have been made to allow the views

 

of the local community to be taken into account,

 

(b)    

the person proposing to promote the event has shown that

 

the event is commercially viable, and

 

(c)    

effective arrangements have been made to involve local

 

residents, the police and other emergency services in the

 

planning and implementation of the event.

 

(3)    

A motor race order must—

 

(a)    

specify the event to which it relates, including the date or (in

 

the case of an event that is to take place on more than one

 

day) the dates on which it is to take place,

 

(b)    

include a map of the area to be used for the event (showing,

 

in particular, the roads which participants will use, and

 

areas which will be available for occupation by spectators),

 

and

 

(c)    

include any other information specified by the appropriate

 

national authority by regulations.

 

(4)    

A motor race order may include conditions which must be satisfied

 

before, during or after the event.

 

(5)    

A motor race order may, in particular, include conditions designed

 

to ensure that the arrangements mentioned in subsection (2)(c)

 

continue throughout the planning and implementation of the event.

 

(6)    

In this section, “the appropriate national authority” means—

 

(a)    

in relation to England, the Secretary of State;

 

(b)    

in relation to Wales, the Welsh Ministers.

 

12E    

Effect of motor race order

 

(1)    

A motor race order made under section 12D has the effect described

 

in this section.

 

(2)    

Section 12(1) does not apply to the promoter of the event if that

 

person—


 
 

20

 
 

(a)    

promotes the event in accordance with any conditions

 

imposed on the promoter by the motor race order, and

 

(b)    

takes reasonable steps to ensure that any other conditions

 

specified in the motor race order are met.

 

(3)    

The provisions listed in the Table do not apply in relation to a

 

participant or an official or (as the case may be) in relation to a

 

vehicle used by a participant or an official provided that—

 

(a)    

the participant has been approved by the motor sport

 

governing body that issued a permit in respect of the event

 

or (as the case may be) the official has been authorised by

 

the promoter,

 

(b)    

the participant or official complies with any conditions

 

specified in the motor race order that apply to participants

 

or (as the case may be) officials, and

 

(c)    

the participant or official also complies with any conditions

 

imposed on him or her by the promoter.

 

Provision

Topic

 
 

Road Traffic Regulation Act

  
 

1984

  
 

Section 18(3)

Contravention of order

 
  

relating to one-way traffic on

 
  

trunk roads

 
 

Section 20(5)

Contravention of order

 
  

relating to use on roads of

 
  

vehicles of certain classes

 
 

Section 81(1), an order under

Speed limits

 
 

section 84(1), section 86(1),

  
 

an order under section 88(1)

  
 

and section 89(1)

  
 

Regulations under section 99

Removal of vehicles illegally

 
  

parked etc

 
 

Section 104(1)

Immobilisation of vehicles

 
  

illegally parked

 
 

Road Traffic Act 1988

  
 

Section 1

Causing death by dangerous

 
  

driving

 
 

Section 1A

Causing serious injury by

 
  

dangerous driving

 
 

Section 2

Dangerous driving

 
 

Section 2B

Causing death by careless, or

 
  

inconsiderate, driving

 
 

Section 3

Careless, and inconsiderate,

 
  

driving

 
 

Section 3ZB

Causing death by driving:

 
  

unlicensed, disqualified or

 
  

uninsured drivers

 
 

Section 12(1)

Motor racing on public ways

 
 

Section 21(1)

Prohibition of driving or

 
  

parking on cycle tracks

 
 

Section 22

Leaving vehicles in

 
  

dangerous positions

 
 

Section 22A

Causing danger to road-

 
  

users

 
 

Section 36(1)

Drivers to comply with

 
  

traffic signs

 
 

The Highway Code, as it has

  
 

effect under section 38

  
 

Section 40A

Using vehicle in dangerous

 
  

condition etc

 
 

Regulations under section 41

Regulation of construction,

 
  

weight, equipment and use

 
  

of vehicles

 
 

Section 41A

Breach of requirement as to

 
  

brakes, steering-gear or tyres

 
 

Section 41C

Breach of requirement as to

 
  

speed assessment equipment

 
  

detection devices

 
 

Section 42

Breach of other construction

 
  

and use requirements

 
 

Section 47(1)

Obligatory test certificates

 
 

Section 87(1)

Drivers of motor vehicles to

 
  

have driving licences

 
 

Section 103(1)(b)

Driving while disqualified

 
 

Section 143(1) and (2)

Users of motor vehicles to be

 
  

insured or secured against

 
  

third-party risks

 
 

Sections 164 and 165

Powers of constables to

 
  

require production of

 
  

driving licence, obtain

 
  

information etc

 
 

Section 165A

Power to seize vehicles

 
  

driven without licence or

 
  

insurance

 
 

Section 170

Duty of driver to stop, report

 
  

accident and give

 
  

information or documents

 
 

Vehicle Excise and

  
 

Registration Act 1994

  
 

Section 1(1)(b)

Circumstances in which

 
  

vehicle excise duty is

 
  

chargeable on unregistered

 
  

mechanically propelled

 
  

vehicles

 
 

Section 29(1)

Offence of using or keeping

 
  

an unlicensed vehicle

 

 
 

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