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Lords Amendments to the Deregulation Bill


 
 

36

 
 

(h)    

sections 87 to 89, this section and section 91.

 

(1A)    

The following provisions also come into force on the day on which this Act

 

is passed but only so far as is necessary for enabling the exercise on or after

 

that day of any power to make provision by an order or regulations made

 

by statutory instrument—

 

(a)    

section 1;

 

(b)    

section 38;

 

(c)    

section 43 and Schedule 11;

 

(d)    

sections 47 and 48;

 

(e)    

Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Parts 2 and 6 of

 

Schedule 9 and Schedule 18 (and the sections to which those

 

Schedules relate).”

 

Page 61, line 25, at end insert “(so far as not already in force by virtue of subsection

 

(1A)”

 

Page 61, line 27, at end insert—

 

“( )    

section 29;”

 

Page 61, line 29, leave out paragraph (e)

 

Page 61, line 29, at end insert—

 

“( )    

section (Road traffic legislation: use of vehicles in emergency response by

 

NHS) and Schedule (Road traffic legislation: use of vehicles in

 

emergency response by NHS);”

 

Page 61, line 31, leave out “section 45” and insert “sections 45 and 46”

 

Page 61, line 34, at end insert—

 

“( )    

sections 65 and 66;”

 

Page 61, line 38, leave out “section 82 and”

 

Page 62, line 1, leave out subsection (3)

 

Page 62, line 4, leave out “comes” and insert “and, as respects Wales, paragraphs

 

31, 32 and 37 of Schedule 20 come”

 

Page 62, line 5, at end insert—

 

“( )    

Where a provision of a Schedule comes into force in accordance with

 

subsection (2)(n) to (r) or (4), the section to which that Schedule relates

 

comes into force (so far as relating to that provision) at the same time.”

 

Page 62, line 5, at end insert—

 

“(4A)    

The following provisions come into force on such day as the Lord

 

Chancellor may by order made by statutory instrument appoint—

 

(a)    

sections (CLC practitioner services bodies) and (Licensed CLC

 

practitioners);

 

(b)    

section (CLC practitioner services: consequential amendments) and

 

Schedule (CLC practitioner services: consequential amendments);

 

(c)    

section (The Council for Licensed Conveyancers: other amendments) and

 

Schedule (The Council for Licensed Conveyancers: other amendments).”

 

Page 62, line 6, leave out “The remaining” and insert “Except as provided by

 

subsections (1) to (4A), the”

 

Page 62, line 10, at end insert “or, as respects Wales, paragraphs 31, 32 and 37 of


 
 

37

 
 

Schedule 20”

 

Page 62, line 14, at end insert “(other than transitional, transitory or saving

 

provision that the Welsh Ministers have power to make under subsection (6))”

 

Page 62, line 14, at end insert—

 

“(7A)    

The Lord Chancellor may by order made by statutory instrument make

 

such transitional, transitory or saving provision as the Lord Chancellor

 

considers appropriate in connection with the coming into force of sections

 

(CLC practitioner services bodies) to (The Council for Licensed Conveyancers:

 

other amendments) and Schedules (CLC practitioner services: consequential

 

amendments) and (The Council for Licensed Conveyancers: other amendments).”

 

Page 62, line 15, after “(7)” insert “and (7A)”

Schedule 2

Page 76, line 15, leave out from “licence”” to “as” in line 16 and insert “has the same

meaning”

Schedule 7

Page 106, line 38, leave out from beginning to “(including” in line 43 and insert—

    “(3)  

Where a modification consent order takes effect, any path or way, or any

part of a path or way, which is shown in a definitive map and statement

in consequence of the order or any special order combined with it under

section 54B(5) is maintainable at the public expense”

Page 106, line 46, leave out “the” and insert “an”

Page 107, line 1, leave out from “effect,” to “and” in line 3 and insert “a path or way,

or part of a path or way, would be maintainable at the public expense by virtue of

subsection (3);”

Page 126, line 19, leave out “modifications” and insert “parts”

Page 126, line 21, leave out “modifications” and insert “parts”

Page 126, line 42, at end insert—

    “( )  

In that paragraph, after sub-paragraph (4) (as inserted by sub-paragraph

(4) of this paragraph) insert—

  “(5)  

In the case of an order relating to England, the Secretary of

State may, instead of affording a person an opportunity of

being heard as mentioned in sub-paragraph (2)(b), (2A)(b) or

(3)(b), afford the person an opportunity of making

representations (or further representations) to a person

appointed by him for the purpose.

      (6)  

Where the Secretary of State acts under sub-paragraph (5) by

affording a person an opportunity of making representations

(or further representations) instead of an opportunity of being

heard as mentioned in sub-paragraph (2)(b) or (3)(b), the

reference in sub-paragraph (2) or (as the case may be) (3)(c) to

the report of the person appointed to hear representations or

objections is to be read as a reference to the report of the person

appointed under sub-paragraph (5).””


 
 

38

 

Schedule 8

Page 129, line 15, after first “area” insert “, a combined authority area”

Page 131, line 16, at end insert—

“8A(1)  

The Transport Act 1968 is amended as follows.

      (2)  

In section 9(1)(c)—

(a)    

in sub-paragraph (i), for “sub-paragraph (ia)” substitute “sub-

paragraphs (ia) to (ie)”;

(b)    

after sub-paragraph (ia) insert—

“(ib)    

in relation to the area of the Greater

Manchester Combined Authority, the

Greater Manchester Passenger Transport

Executive;

(ic)    

in relation to the area of the Greater

Merseyside Combined Authority, the

Merseyside Passenger Transport

Executive;

(id)    

in relation to the area of the Barnsley,

Doncaster, Rotherham and Sheffield

Combined Authority, the South Yorkshire

Passenger Transport Executive;

(ie)    

in relation to the area of the Durham,

Gateshead, Newcastle upon Tyne, North

Tyneside, Northumberland, South

Tyneside and Sunderland Combined

Authority, the Tyne and Wear Passenger

Transport Executive;”.

      (3)  

In section 16(2A)—

(a)    

for “subsection (2)” substitute “subsection (1)”;

(b)    

omit the “and” at the end of paragraph (b);

(c)    

after paragraph (c) insert “; and

(d)    

the words from “including in particular” to the

end of the subsection were omitted.”

      (4)  

In Schedule 5—

(a)    

in Part 2, in paragraph 2, after “as the case may be,”, in both

places where it occurs, insert “the combined authority area or”;

(b)    

in Part 3, in paragraph 11(a), after “integrated transport area”

insert “, a combined authority area”.”

After Schedule 8

Insert the following new Schedule—

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

Traffic Management Act 2004

1          

The Traffic Management Act 2004 is amended as follows.

2          

In section 85 (prohibition of double parking etc), in subsection (3), for

“for fire brigade, ambulance or police purposes” substitute “—


 
 

39

 
 

(a)    

for fire brigade or police purposes, or

 

(b)    

for ambulance purposes or for the purpose of

 

providing a response to an emergency at the

 

request of an NHS ambulance service.

 

    

“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.”

 

3          

In section 86 (prohibition of parking at dropped footways etc), in

 

subsection (4), for “for fire brigade, ambulance or police purposes”

 

substitute “—

 

(a)    

for fire brigade or police purposes, or

 

(b)    

for ambulance purposes or for the purpose of

 

providing a response to an emergency at the

 

request of an NHS ambulance service.

 

    

“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.”

 

Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078)

 

4          

The Road Vehicles (Construction and Use) Regulations 1986 are

 

amended as follows.

 

5          

In regulation 3(2) (interpretation), in the Table at the appropriate place

 

insert—

 

“an NHS

(a) an NHS trust or NHS foundation

 
 

ambulance service

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    (1)  

Regulation 37 (audible warning instruments) is amended as follows.

 

      (2)  

In paragraph (5)(a), omit “, ambulance”.

 

      (3)  

After paragraph (5)(a) insert—


 
 

40

 
 

“(aza)    

used for ambulance purposes or for the purpose of

 

providing a response to an emergency at the request of an

 

NHS ambulance service;”.

 

7    (1)  

Regulation 82 (restriction on width of loads) is amended as follows.

 

      (2)  

In paragraph (10)(a), omit “, ambulance”.

 

      (3)  

After paragraph (10)(a) (but before the “or”) insert—

 

“(aa)    

for ambulance purposes or for the purpose of providing

 

a response to an emergency at the request of an NHS

 

ambulance service;”.

 

8    (1)  

Regulation 101 (parking in darkness) is amended as follows.

 

      (2)  

In paragraph (2)(a), omit “ambulance”.

 

      (3)  

After paragraph (2)(a) insert—

 

“(aa)    

being used for ambulance purposes or for the purpose of

 

providing a response to an emergency at the request of an

 

NHS ambulance service if compliance with those

 

provisions would hinder or be likely to hinder the use of

 

the vehicle for the purpose for which it is being used on

 

that occasion;”.

 

9    (1)  

Regulation 107 (leaving motor vehicles unattended) is amended as

 

follows.

 

      (2)  

In paragraph (2)(a), omit “ambulance,”.

 

      (3)  

After paragraph (2)(a) (but before the “or”) insert—

 

“(aa)    

being used for ambulance purposes or for the purpose of

 

providing a response to an emergency at the request of an

 

NHS ambulance service;”.

 

Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796)

 

10         

The Road Vehicles Lighting Regulations 1989 are amended as follows.

 

11  (1)  

The Table in regulation 3(2) (which sets out the meaning of expressions

 

used in the regulations) is amended as follows.

 

      (2)  

In column 2, in paragraph (a) of the definition of “emergency vehicle”,

 

omit “, ambulance”.

 

      (3)  

In that definition, after paragraph (a) insert—

  

“(aza) a vehicle used for ambulance

 
  

purposes or for the purpose of

 
  

providing a response to an emergency

 
  

at the request of an NHS ambulance

 
  

service;”.

 
 

      (4)  

At the appropriate place insert—


 
 

41

 
 

“An NHS

(a) an NHS trust or NHS foundation

 
 

ambulance service

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.”

 
 

12  (1)  

Regulation 11 (colour of light shown by lamps and reflectors) is

 

amended as follows.

 

      (2)  

Omit paragraph (2)(y)(iii).

 

      (3)  

After paragraph (2)(y) insert—

 

“(z)    

reflected light from yellow or orange retro reflective

 

material fitted to the rear of a vehicle—

 

(i)    

used for ambulance purposes, or

 

(ii)    

used for the purpose of providing a response to an

 

emergency at the request of an NHS ambulance

 

service.”

 

13         

In Part 2 of Schedule 17 (requirements relating to optional side retro

 

reflectors), in the first column of the Table, below “Ambulance” (but in

 

the same row) insert “The provision of a response to an emergency at the

 

request of an NHS ambulance service but only in respect of a vehicle

 

which is owned by the service or held by it under a lease or hire

 

agreement”.

 

14  (1)  

Part 2 of Schedule 18 (requirements relating to optional rear retro

 

reflectors) is amended as follows.

 

      (2)  

The first sentence becomes paragraph 1.

 

      (3)  

At the end of that paragraph insert “, subject to paragraphs 2 and 3.”

 

      (4)  

The second sentence becomes paragraph 2.

 

      (5)  

In that paragraph—

 

(a)    

omit “But”;

 

(b)    

omit paragraph (c).

 

      (6)  

After paragraph 2 insert—

 

“3         

The colour of rear retro reflectors fitted to—

 

(a)    

a vehicle used for ambulance purposes, or

 

(b)    

a vehicle used for the purpose of providing a response

 

to an emergency at the request of an NHS ambulance

 

service,

 

            

may be red, yellow or orange (or any combination), provided

 

that, in the case mentioned in paragraph (b), the vehicle is

 

owned by the NHS ambulance service or held by it under a

 

lease or hire agreement.”


 
 

42

 
 

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997

 

(S.I. 1997/2400)

 

15         

The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and

 

General Directions 1997 are amended as follows.

 

16         

In regulation 3(1) (interpretation), at the appropriate place insert—

 

““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;”.

 

17  (1)  

Regulation 12 (significance of vehicular light signals at Pelican crossings)

 

is amended as follows.

 

      (2)  

In paragraph (1)(e), omit “, ambulance, national blood service”.

 

      (3)  

After paragraph (1)(e) insert—

 

“(eza)    

when a vehicle is being used for ambulance or national

 

blood service purposes or for the purpose of providing a

 

response to an emergency at the request of an NHS

 

ambulance service and the observance of the prohibition

 

conveyed by the steady amber or the red signal in

 

accordance with sub-paragraph (c) or (d) would be likely

 

to hinder the use of that vehicle for the purpose for which

 

it is being used, then those sub-paragraphs shall not

 

apply to the vehicle, and the steady amber and the red

 

signal shall each convey the information that the vehicle

 

may proceed beyond the stop line if the driver—

 

(i)    

accords precedence to any pedestrian who is on

 

that part of the carriageway which lies within the

 

limits of the crossing or on a central reservation

 

which lies between two crossings which do not

 

form part of a system of staggered crossings; and

 

(ii)    

does not proceed in a manner or at a time likely to

 

endanger any person or any vehicle approaching

 

or waiting at the crossing, or to cause the driver of

 

any such vehicle to change its speed or course in

 

order to avoid an accident;”.

 

18  (1)  

Regulation 13 (significance of vehicular light signals at Puffin crossings)

 

is amended as follows.

 

      (2)  

In paragraph (1)(f), omit “, ambulance, national blood service”.

 

      (3)  

After paragraph (1)(f) insert—

 

“(fa)    

when a vehicle is being used for ambulance or national

 

blood service purposes or for the purpose of providing a

 

response to an emergency at the request of an NHS

 

ambulance service and the observance of the prohibition

 

conveyed by the amber, red or red-with-amber signal in

 

accordance with sub-paragraph (c), (d) or (e) would be

 

likely to hinder the use of that vehicle for the purpose for


 
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