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Lords Amendments to the Deregulation Bill


 
 

43

 
 

which it is being used, then those sub-paragraphs shall

 

not apply to the vehicle, and the red signal, red-with-

 

amber and amber signals 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;”.

 

19  (1)  

Regulation 21 (stopping in controlled areas) is amended as follows.

 

      (2)  

In paragraph (c), omit “, ambulance”.

 

      (3)  

After paragraph (c) insert—

 

“(ca)    

when the vehicle 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; or”.

 

Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)

 

20         

The Traffic Signs Regulations and General Directions 2002 are amended

 

as follows.

 

21         

In regulation 4 (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.”

 

22  (1)  

Regulation 15 (keep right and kept left signs) is amended as follows.

 

      (2)  

In paragraph (2)—

 

(a)    

omit “ambulance,”;

 

(b)    

omit “, national blood service”.

 

      (3)  

After paragraph (2) insert—

 

“(2ZA)    

On an occasion where 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 requirement specified in

 

paragraph (1) would be likely to hinder the use of that vehicle for

 

one of those purposes then, instead of that requirement, the

 

requirement conveyed by the sign in question shall be that the

 

vehicle shall not proceed beyond that sign in such a manner or at

 

such a time as to be likely to endanger any person.”


 
 

44

 
 

23  (1)  

Regulation 26 (double white lines) is amended as follows.

 

      (2)  

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

 

      (3)  

After paragraph (5)(b) insert—

 

“(bza)    

to a vehicle for the time being used for ambulance

 

purposes or for the purpose of providing a response to an

 

emergency at the request of an NHS ambulance service;”.

 

24  (1)  

Regulation 27 (zig zag lines) is amended as follows.

 

      (2)  

In paragraph (3)(c), omit “ambulance,”.

 

      (3)  

After paragraph (3)(c) insert—

 

“(ca)    

when the vehicle 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;”.

 

25  (1)  

Regulation 36 (light signals) is amended as follows.

 

      (2)  

In paragraph (1)(b)—

 

(a)    

omit “ambulance,”;

 

(b)    

omit “, national blood service”.

 

      (3)  

After paragraph (1)(b) insert—

 

“(bza)    

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 red signal in accordance with sub-

 

paragraph (a) would be likely to hinder the use of that

 

vehicle for the purpose for which it is being used, then

 

sub-paragraph (a) shall not apply to the vehicle, and the

 

red signal shall convey the prohibition that that vehicle

 

shall not proceed beyond the stop line in a manner or at a

 

time likely to endanger any person or to cause the driver

 

of any vehicle proceeding in accordance with the

 

indications of light signals operating in association with

 

the signals displaying the red signal to change its speed

 

or course in order to avoid an accident;”.

 

26  (1)  

Schedule 19 (bus stop and bus stand clearways and box junctions) is

 

amended as follows.

 

      (2)  

In paragraph 4 (bus stop and bus stand clearways)—

 

(a)    

in paragraph (a), omit “ambulance,”;

 

(b)    

after paragraph (a) insert—

 

“(aza)    

a vehicle being used for ambulance purposes or

 

for the purpose of providing a response to an

 

emergency at the request of an NHS ambulance

 

service;”.

 

      (3)  

In paragraph 9 (box junctions)—

 

(a)    

omit “ambulance,”;

 

(b)    

omit “, national blood service”.

 

      (4)  

After paragraph 9 insert—


 
 

45

 
 

“10      

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 in paragraph 7(1) or 8 would

 

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

 

which it is being used, then that prohibition shall not apply to

 

the driver of the vehicle.””

Schedule 9

Page 132, leave out lines 14 and 15 and insert—

“(1)    

A permit scheme may be prepared by—

(a)    

a strategic highways company,

(b)    

a local highway authority in England, or

(c)    

such a company or authority acting together with one or

more other such companies or authorities.”

Page 132, leave out lines 20 to 23 and insert—

“(2)    

The Secretary of State may direct—

(a)    

a strategic highways company,

(b)    

a local highway authority in England, or

(c)    

such a company or authority acting together with one or

more other such companies or authorities,

    

to prepare and give effect to a permit scheme which takes such

form as the Secretary of State may direct.”

Page 132, leave out lines 29 to 32 and insert—

““33A

  Implementation of permit schemes of strategic highway

companies and local highway authorities in England

(1)    

This section applies to a permit scheme prepared in accordance

with section 33(1) or (2) by—

(a)    

a strategic highways company,

(b)    

a local highway authority in England, or

(c)    

such a company or authority acting together with one or

more other such companies or authorities.”

Page 132, line 35, after “authority” insert “or a strategic highways company”

Page 133, line 28, at end insert—

“(3A)    

A strategic highways company may by order vary or revoke a

permit scheme to the extent that it has effect, by virtue of an order

made by the company under section 33A(2), in the area in respect

of which the company is appointed.

(3B)    

The Secretary of State may direct a strategic highways company

to vary or revoke a permit scheme by an order under subsection

(3A).

(3C)    

An order made by a strategic highways company under

subsection (3A) may vary or revoke an order made by the

company under section 33A(2), or an order previously made by

the company under subsection (3A).”


 
 

46

 
 

Page 134, line 8, at end insert “or strategic highways companies”

 

Page 134, line 24, at end insert—

 

“(b)    

at the appropriate place insert—

 

““strategic highways company” means a company

 

for the time being appointed under Part 1 of the

 

Infrastructure Act 2015;”.”

 

Page 134, line 32, after “England” insert “or a strategic highways company”

 

Page 134, line 36, after “authority” insert “or a strategic highways company”

 

Page 134, line 37, at end insert—

 

“11A      

In consequence of the amendments made by paragraph 5, in the

 

Infrastructure Act 2015, in Schedule 1, omit paragraph 148.”

 

Page 135, line 11, at end insert—

 

    “( )  

After subsection (1) insert—

 

“(1A)    

Subsection (1) does not apply in relation to the following parts of

 

Wales—

 

(a)    

the part of road to which section 329(5) applies;

 

(b)    

the part of the M4 Motorway in Wales that comprises “the

 

new toll plaza area” and “the new bridge”, as defined in

 

section 39(1) of the Severn Bridges Act 1992.””

 

Page 135, line 26, leave out “he or they” and insert “he, it or they”

 

Page 136, line 36, after “England” insert “and in relation to the following parts of

 

Wales—

 

(i)    

the part of road to which section 329(5) applies;

 

(ii)    

the part of the M4 Motorway in Wales that comprises “the

 

new toll plaza area” and “the new bridge”, as defined in

 

section 39(1) of the Severn Bridges Act 1992”

 

Page 136, line 37, after “Wales” insert “other than the parts mentioned in paragraph

 

(a)(i) and (ii)”

 

Page 137, line 13, at end insert—

 

“20A      

In consequence of the amendments made by paragraph 15, in the

 

Infrastructure Act 2015, in Schedule 1, omit paragraph 26.”

Schedule 12

Page 151, line 24, leave out “subsections (2) and (3)” and insert “subsection (2)”

Page 151, line 24, at end insert—

“( )    

in subsection (2B), omit paragraph (a);

( )    

in subsection (3), omit “(ba),”;”

Page 153, line 22, leave out sub-paragraph (29) and insert—

  “(29)  

If paragraph 4 comes into force before the coming into force of the repeal

of the Audit Commission Act 1998 by section 1(2) of the Local Audit and

Accountability Act 2014, Schedule 2 to the Act of 1998 is to have effect

(until the repeal comes into force) as if in paragraph 1, paragraph (ma)

were omitted.”


 
 

47

 
 

Page 153, line 40, at end insert—

 

    “( )  

In the Energy Act 2013, in Part 3 of Schedule 9, in the definition of “local

 

authority” in paragraph 14(3), omit paragraph (b).

 

      ( )  

In the Local Audit and Accountability Act 2014, in Schedule 2, omit

 

paragraph 25.”

Schedule 13

Page 155, line 26, leave out ““Chief Executive” substitute “Secretary of State”” and

insert “the words from “The” to “facilities” substitute “The Secretary of State must

secure the provision of such facilities as the Secretary of State considers

appropriate”

Page 155, line 27, leave out “subsection (3)” and insert “subsections (3), (4) and (8)”

Page 155, line 28, leave out sub-paragraph (4)

Page 155, line 34, leave out sub-paragraph (2) and insert—

    “(2)  

In subsection (1), for the words from “The” to “facilities” substitute “The

Secretary of State must secure the provision of such facilities as the

Secretary of State considers appropriate”.

    (2A)  

In subsection (3)(b), for “Chief Executive” substitute “Secretary of

State”.”

Page 155, line 36, leave out sub-paragraph (3) and insert—

    “(3)  

Omit subsections (4) and (5).”

Page 158, line 34, leave out paragraphs 35 and 36

Page 161, line 19, at end insert—

“Education Act 2011 (c.21)

67         

In the Education Act 2011, omit the following—

(a)    

section 30(8);

(b)    

section 70;

(c)    

section 72;

(d)    

in Schedule 18, paragraphs 4 and 6.”

After Schedule 17

Insert the following new Schedule—

“CLC practitioner services: consequential amendments

Administration of Justice Act 1985 (c. 61)

1          

The Administration of Justice Act 1985 is amended as follows.

2    (1)  

In section 16 (conditional licences), subsection (1) is amended as follows.

      (2)  

For paragraph (b) substitute—

“(b)    

when conditions under this section have been imposed

on a licence under this Part previously issued to him;


 
 

48

 
 

(ba)    

when conditions under paragraph 5 of Schedule 8 to the

 

Courts and Legal Services Act 1990 have been imposed

 

on a licence under section 53 of that Act previously issued

 

to him;”.

 

      (3)  

In paragraph (c), after “Part” insert “or a licence in force under section 53

 

of the Courts and Legal Services Act 1990”.

 

      (4)  

In paragraph (ca), after “24A” insert “(including that section as applied

 

by section 53 of the Courts and Legal Services Act 1990)”.

 

      (5)  

In paragraph (d), after “26” insert “(including that section as applied by

 

section 53 of the Courts and Legal Services Act 1990)”.

 

      (6)  

In paragraph (ea), after “22” insert “(including that section as applied by

 

section 53 of the Courts and Legal Services Act 1990)”.

 

3    (1)  

Section 26 (proceedings in disciplinary cases) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

in paragraph (a), after “licence” insert “under this Part”;

 

(b)    

in paragraph (b), for “a licence under this Part” substitute “any

 

relevant licence”;

 

(c)    

in paragraph (c), after “licence” insert “under this Part”.

 

      (3)  

After subsection (8) insert—

 

“(9)    

In this section “relevant licence” means—

 

(a)    

a licence under this Part, or

 

(b)    

a licence under section 53 of the Courts and Legal

 

Services Act 1990.”

 

4    (1)  

Section 28 (revocation of licence on grounds of fraud or error) is

 

amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

after “a licence” insert “under this Part”;

 

(b)    

for “the licence” substitute “all of the relevant licences held by

 

that person”.

 

      (3)  

For subsection (2) substitute—

 

“(2)    

Where a person has had any relevant licence which was held by

 

him revoked because of fraud on that person’s part, the person

 

may not be issued with a licence under this Part except on the

 

advice of the Committee given to the Council as the result of an

 

application made by the person to the Committee.”

 

      (4)  

In subsection (3), for “a licence under this Part” substitute “any relevant

 

licence”.

 

      (5)  

After subsection (6) insert—

 

“(7)    

In this section “relevant licence” has the meaning given by

 

section 26.”

 

5    (1)  

Section 33A (administration of oaths by licensed conveyancers) is

 

amended as follows.

 

      (2)  

In the heading, after “conveyancers” insert “or licensed CLC

 

practitioners”.


 
 

49

 
 

      (3)  

In the section, after “conveyancers” insert “or licensed CLC

 

practitioners”.

 

6    (1)  

Section 34 (modification of existing enactments relating to conveyancing

 

etc) is amended as follows.

 

      (2)  

In subsection (2), after “a recognised body” insert “which is a

 

conveyancing services body”.

 

      (3)  

In subsection (2), after “conveyancer or” (in the second place it occurs)

 

insert “such a”.

 

      (4)  

In subsection (3), after “body” insert “which is a conveyancing services

 

body”.

 

      (5)  

After subsection (3) insert—

 

“(4)    

In this section “conveyancing services body” has the meaning

 

given by section 32A.”

 

7          

In section 39 (interpretation of Part 2), in subsection (1), at the

 

appropriate place insert—

 

““licensed CLC practitioner” means a person, other than a

 

licensed conveyancer, who holds a licence under section

 

53 of the Courts and Legal Services Act 1990;”.

 

8          

In Schedule 3 (the Council for Licensed Conveyancers: supplementary

 

provisions), in paragraph 2 (constitution of the Council), in sub-

 

paragraph (1)(a)—

 

(a)    

omit the “or” at the end of sub-paragraph (i);

 

(b)    

after sub-paragraph (i) insert—

 

“(ia)    

licensed CLC practitioners; or”.

 

9    (1)  

Schedule 6 (bodies recognised under section 32: supplementary

 

provisions) is amended as follows.

 

      (2)  

In paragraph 3 (preliminary investigation by the Investigating

 

Committee etc)—

 

(a)    

omit the “or” at the end of sub-paragraph (1)(a)(ii);

 

(b)    

after sub-paragraph (1)(aa) insert—

 

“(aaa)    

it is alleged that a manager or employee of a

 

recognised body who is not a licensed CLC

 

practitioner has failed to comply with any rules

 

applicable to him by virtue of section 32; or”.

 

      (3)  

In paragraph 3A (orders made by the Investigating Committee), in sub-

 

paragraph (1)(b)—

 

(a)    

after “3(1)(aa)” insert “or (aaa)”;

 

(b)    

for “that paragraph” substitute “paragraph 3(1)(aa) or (aaa) (as

 

the case may be)”.

 

      (4)  

In paragraph 4 (orders made by the Discipline and Appeals Committee),

 

in sub-paragraph (2A)—

 

(a)    

after “3(1)(aa)” insert “or (aaa)”;

 

(b)    

for “sub-paragraph (ii) of that paragraph” substitute “paragraph

 

3(1)(aa) or (aaa) (as the case may be)”.

 

      (5)  

In paragraph 14 (examination of files), in sub-paragraph (1), after “(aa)”

 

insert “, (aaa)”.


 
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