Session 2014-15
Other Public Bills before Parliament
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Deregulation Bill
TO BE MOVED
IN COMMITTEE
Clause 1
LORD WALLACE OF SALTAIRE
Page 1, line 17, at end insert—
“( ) In section 82 (general provisions as to interpretation and regulations)—
(a) in subsection (3)(b) for “subsection (3A) or (4)” substitute
“subsection (3A), (3B) or (4)”;
(b) after subsection (3A) insert—
“(3B) Regulations under section 3(2) shall not be made unless a
draft has been laid before and approved by resolution of
each House of Parliament.””
After Clause 23
LORD SKELMERSDALE
Insert the following new Clause—
circumstances
In section 116 of the Highways Act 1980 (power of magistrates’ court to
authorise stopping up or diversion of highway), 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 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.
(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.””
Insert the following new Clause—
circumstances
In section 118 of the Highways Act 1980 (stopping up of footpaths,
bridleways and restricted byways), 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
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 premises including the gardens and
driveways of the premises.””
Insert the following new Clause—
In section 119 of the Highways Act 1980 (diversion of footpaths, bridleways
and restricted byways), 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) 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 shall 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.””
Clause 31
LORD WALLACE OF SALTAIRE
Page 25, line 7, leave out “and”
Page 25, line 10, at end insert—
“(c) on the coming to an end of the fixed term tenancy, all or part
of the deposit paid in connection with the fixed term
tenancy is held in connection with the periodic tenancy, and
(d) the requirements of section 213(3), (5) and (6) have not been
complied with by the landlord in relation to the deposit held
in connection with the periodic tenancy.”
Page 25, line 39, leave out “respect of” and insert “relation to”
Page 25, line 41, leave out from “section” to end of line 43 and insert ““the
commencement date” means the date on which the Deregulation Act 2014 is
passed.”
Page 25, line 44, leave out from beginning to end of line 2 on page 27 and insert—
“215BA Shorthold 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 initial requirements of an authorised scheme have been
complied with by the landlord in relation to the deposit
(ignoring any requirement to take particular steps within
any specified period),
(c) the requirements of section 213(5) and (6)(a) have been
complied with by the landlord in relation to the deposit
when it is held in connection with the original tenancy
(ignoring any deemed compliance under section 215A(4)),
(d) a new shorthold tenancy comes into being on the coming to
an end of the original tenancy or a tenancy that replaces the
original tenancy (directly or indirectly),
(e) the new tenancy replaces the original tenancy (directly or
indirectly), and
(f) when the new tenancy comes into being, the deposit
continues to be held in connection with the new tenancy, in
accordance with the same authorised scheme as when the
requirements of section 213(5) and (6)(a) were last complied
with by the landlord in relation to the deposit.
(2) In their application to the new tenancy, the requirements of section
213(3), (5) and (6) are treated as if they had been complied with by
the landlord in relation to the deposit.
(3) The condition in subsection (1)(a) may be met in respect of a
tenancy even if the tenancy deposit was first received in connection
with an earlier tenancy (including where it was first received before
6 April 2007).
(4) For the purposes of this section, a tenancy replaces an earlier
tenancy if—
(a) the landlord and tenant immediately before the coming to
an end of the earlier tenancy are the same as the landlord
and tenant at the start of the new tenancy, and
(b) the premises let under both tenancies are the same or
substantially the same.”
Page 27, line 3, leave out “to 215C” and insert “and 215BA”
Page 27, line 4, leave out “to 215C” and insert “and 215BA”
Page 27, line 6, leave out “to 215C” and insert “and 215BA”
Page 27, line 18, leave out “, 215B(2) or section 215C(2)” and insert “or 215BA(2)”
Page 27, line 28, leave out “, 215B(2) or 215C(2)” and insert “or 215BA(2)”
Page 28, line 1, at end insert—
“(8) In this section “the commencement date” means the date on which
the Deregulation Act 2014 is passed.”
After Clause 34
LORD WALLACE OF SALTAIRE
Insert the following new Clause—
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 60
LORD MANCROFT
Insert the following new Clause—
(1) Section 99 of the Gambling Act 2005 is amended as follows.
(2) In subsection (2), after “at least 20% of the” insert “aggregate annual”.
(3) In subsection (3)(a), for “£4,000,000” substitute “£10,000,000”.
(4) In subsection (3)(b), for “may not exceed £10,000,000” substitute “is
unlimited”.
(5) In subsection (4)(b), for “10%” substitute “50%”.
Clause 87
LORD WALLACE OF SALTAIRE
Page 60, line 24, after “amends” insert “or modifies”
Page 60, line 29, after “amend” insert “or modify”
Clause 90
LORD WALLACE OF SALTAIRE
Page 61, line 21, leave out subsection (1) and insert—
“(1) The following provisions come into force on the day on which this Act is
passed—
(a) section 31;
(b) section 32;
(c) section 34;
(d) section 67;
(e) sections 84, 85(1), (2) and (4) to (8) and 86;
(f) 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—
(a) section 1;
(b) section 38;
(c) sections 46 to 48;
(d) Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Part 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 62, line 6, leave out “The remaining” and insert “Except as provided by
subsections (1) to (4), the”
Schedule 2
LORD WALLACE OF SALTAIRE
Page 76, line 15, leave out from “licence”” to “as” in line 16 and insert “has the same
meaning”
Schedule 8
LORD WALLACE OF SALTAIRE
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”.”
Schedule 9
LORD WALLACE OF SALTAIRE
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).”
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 2014;”.”
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 2014, in Schedule 1, omit paragraph 144.”
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—
(a)
(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 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 2014, in Schedule 1, omit paragraph 26.”
Schedule 13
LORD WALLACE OF SALTAIRE
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.”
Schedule 18
LORD WALLACE OF SALTAIRE
Page 175, line 13, leave out “A” and insert “Subject to subsection (3A), a”
Page 175, line 20, at end insert—
“(3A) For the purposes of section 3C however, and the meaning of
“regulated substance” in or in relation to that section, a
“regulated explosives precursor”—
(a) is a substance listed in Part 1 of Schedule 1A, and
(b) includes a mixture or another substance in which a
substance listed in that Part is present,
but, in each case, only if the substance or mixture is not
excluded.”
Page 178, line 18, at end insert—
“( ) The Secretary of State may by regulations make provision
modifying this section so far as it applies to any supplies that
involve despatch of the substance to Northern Ireland or export
of it from the United Kingdom.”
Page 184, line 12, leave out “this Act” and insert “section 3A(3) or (4), 3B(3), 3C(8)
or 7(2)”
Page 184, line 38, at end insert—
“(12) In relation to an offence committed before section 85(1) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012
comes into force—
(a) the reference in subsection (1)(b)(i) to a fine is to be read
as a reference to a fine not exceeding the statutory
maximum;
(b) the reference in subsection (4)(a) to a fine is to be read as
a reference to a fine not exceeding level 5 on the standard
scale.”
Page 187, line 33, leave out from “charge,” to end of line 35
Schedule 19
LORD WALLACE OF SALTAIRE
Page 195, line 33, after “(1)” insert “, if that sub-paragraph comes into force before
paragraph 123(c) of Schedule 12 to the Local Audit and Accountability Act 2014,”
Schedule 20
LORD WALLACE OF SALTAIRE
Page 201, line 8, at end insert—
“Highways (Assessment of Environmental Effects) Regulations
22A The following Regulations are revoked—
(a) the Highways (Assessment of Environmental Effects)
Regulations 1988 (S.I. 1988/1241);
(b) the Highways (Assessment of Environmental Effects)
Regulations 1994 (S.I. 1994/1002).”
Page 201, line 10, at end insert—
“Sea Fisheries Act 1868 and other fisheries legislation
28A The following Acts are repealed—
(a) the Sea Fisheries Act 1868, including so far as it extends outside
the United Kingdom by virtue of section 70 of that Act;
(b) the Fisheries Act 1891;
(c) the British Fishing Boats Act 1983, including so far as it extends
outside the United Kingdom by virtue of an Order in Council
under section 10 of that Act.
28B (1) The following amendments are made in consequence of paragraph 28A.
(2) In the Fishery Limits Act 1976, in Schedule 2, omit paragraph 7.
(3) In the Debtors (Scotland) Act 1987, in Schedule 6, omit paragraph 24.
(4) In the Merchant Shipping Act 1995, in Schedule 13, omit paragraphs 2, 9
and 68.
(5) In the Statute Law (Repeals) Act 1998, in Schedule 2, omit paragraph 9.
(6) In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit
paragrah 67.”