Deregulation Bill

Amendments
to be moved
in grand committee

Clause 13

LORD STEVENSON OF BALMACARA

 

Page 9, line 38, leave out subsection (1)

Clause 16

LORD GRANTCHESTER

 

Page 10, line 38, leave out subsection (1)

Clause 17

BARONESS THORNTON

 

Page 11, line 41, leave out subsection (1)

Clause 18

BARONESS HAYTER OF KENTISH TOWN

 

Page 12, leave out line 18

 


Baroness Hayter of Kentish Town gives notice of her intention to oppose the Question that
Clause 18 stand part of the Bill.

After Clause 34

LORD WALLACE OF SALTAIRE

 

Insert the following new Clause—

“Designation of urban development areas: procedure

(1)     Section 134 of the Local Government, Planning and Land Act 1980 (urban
development areas) is amended as follows.

(2)     After subsection (1) insert—

“(1A)    Before making an order designating any area of land in England as
an urban development area, the Secretary of State must consult the
following persons—

(a)   persons who appear to the Secretary of State to represent
those living within, or in the vicinity of, the proposed urban
development area;

(b)   persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of,
the proposed urban development area;

(c)   each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d)   any other person whom the Secretary of State considers it
appropriate to consult.”

(3)     After subsection (3B) insert—

“(3C)    A statutory instrument containing an order under subsection (1)
above designating any area of land in England as an urban
development area is subject to annulment in pursuance of a
resolution of either House of Parliament.”

(4)     In subsection (4), after “No” insert “other”.

(5)     The duty to consult under section 134(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—

“Establishment of urban development corporations: procedure

(1)     Section 135 of the Local Government, Planning and Land Act 1980 (urban
development corporations: procedure) is amended as follows.

(2)     After subsection (1) insert—

“(1A)    Before making an order establishing an urban development
corporation for an urban development area in England, the
Secretary of State must consult the following persons—

(a)   persons who appear to the Secretary of State to represent
those living within, or in the vicinity of, the proposed urban
development area;

(b)   persons who appear to the Secretary of State to represent
businesses with any premises within, or in the vicinity of,
the proposed urban development area;

(c)   each local authority for an area which falls wholly or partly
within the proposed urban development area; and

(d)   any other person whom the Secretary of State considers it
appropriate to consult.”

(3)     After subsection (2) insert—

“(2A)    A statutory instrument containing an order under this section
establishing an urban development corporation for an urban
development area in England is subject to annulment in pursuance
of a resolution of either House of Parliament.”

(4)     In subsection (3), after “No” insert “other”.

(5)     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.”

After Clause 35

LORD WALLACE OF SALTAIRE

 

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) to (4).

(2)     In subsection (1)—

(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”.

(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)     In subsection (1)(c), after “paragraph (a)” insert “, (aa)”.

(5)     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.

(6)     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.”

(7)     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 Schedule 8

LORD WALLACE OF SALTAIRE

 

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 “—

(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
ambulance service

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

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

(3)     After paragraph (5)(a) insert—

“(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—

 
“An NHS
ambulance service

(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.”

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.”

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
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.”

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—

“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.”

Clause 90

LORD WALLACE OF SALTAIRE

 

Page 61, line 22, at end insert—

“( )     Sections (Designation of urban development areas: procedure) and
(Establishment of urban development corporations: procedure) come into force
on the day on which this Act is passed.”

 

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
);”

Prepared 24th October 2014