Deregulation Bill

second
marshalled
list of Amendments
to be moved
in grand committee

The amendments to be considered in Grand Committee have been marshalled in accordance with the Instruction of 30th July 2014, as follows—The following Clauses and Schedules (together with Amendments 1 to 6 tabled to them) were considered in Committee of the Whole House on 21st October, and reported to the House—

Clauses 13 and 14
Schedule 4
Clauses 15 to 19
Schedule 5
Clause 20
Schedule 6
Clauses 21 to 27
Schedule 7
Clauses 28 to 35
Schedule 8
Clause 36
Schedule 9
Clause 37
Schedule 10
Clauses 38 to 43
Schedule 11
Clause 44
Schedule 12
Clauses 1 to 3
Schedule 1
Clauses 4 to 8
Schedule 2
Clauses 45 to 49
Schedule 13
Clause 50
Schedule 14
Clause 51
Schedule 15
Clause 52
Schedule 16
Clauses 53 and 54
Schedule 17
Clauses 55 to 68
Schedule 18
Clauses 69 to 78
Schedule 19
Clauses 79 to 82
Schedule 20
Clauses 83 to 91
Clause 9
Schedule 3
Clauses 10 to 12

[Amendments marked * are new or have been altered]

Clause 13

LORD STEVENSON OF BALMACARA

7

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

Clause 15

BARONESS WORTHINGTON

8*

Page 10, line 25, leave out subsection (1)

Clause 16

LORD GRANTCHESTER

9

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

Clause 17

BARONESS THORNTON

10

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

After Clause 17

LORD BORWICK

11

Insert the following new Clause—

“Further exemption to Sunday trading hours: garden centres

In Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday
opening of large shops), in sub-paragraph 3(1), at end insert—

“(l)   any garden centre.””

Clause 18

BARONESS HAYTER OF KENTISH TOWN

12

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.

Before Clause 21

LORD GRANTCHESTER

13

Insert the following new Clause—

“Rights of way: annual report

The Secretary of State must prepare and publish an annual report on—

(a)   the implementation of the changes introduced by sections 21 to 27;
and

(b)   the effectiveness of the changes introduced by sections 21 to 27,

and must lay a copy of the report before both Houses of Parliament.”

After Clause 23

LORD SKELMERSDALE

14

Insert the following new Clause—

“Presumed extinguishment of intrusive byways open to all traffic in limited
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.””

15

Insert the following new Clause—

“Presumed extinguishment of intrusive public rights of way in limited
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.””

16

Insert the following new Clause—

“Presumed diversion of intrusive public rights of way in limited circumstances

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 24

BARONESS BYFORD

17

Page 21, line 15, at end insert—

“( )     After section 121E insert—

“121F             Guidance with respect to public path extinguishment and
diversion orders etc: England

Councils in England must have regard to any guidance given by the
Secretary of State as to the exercise of their powers in relation to
public path extinguishment orders, rail crossing extinguishment
orders, special extinguishment orders, public path diversion
orders, rail crossing diversion orders, special diversion orders and
SSSI diversion orders.””

Clause 25

BARONESS BYFORD

18

Leave out Clause 25 and insert the following new Clause—

“Power to authorise erection of stiles etc on paths or ways: England

After section 146 of the Highways Act 1980 insert—

“146A           Power to authorise erection of stiles etc on paths or ways:
England

(1)     This section applies where an owner, lessee or occupier represents
to a competent authority in England that, for any of the purposes
mentioned in subsection (2), it is expedient that stiles, gates or other
works should be erected on a footpath, bridleway, restricted
byway, or byway open to all traffic that crosses land in England.

(2)     The purposes are:

(a)   preventing or reducing crime;

(b)   ensuring the safety of any persons;

(c)   preventing damage to property;

(d)   preventing the ingress or egress of animals; or

(e)   protecting the natural environment.

(3)     Where such a representation is made under subsection (1), the
competent authority may, subject to such conditions as they may
impose for maintenance and for enabling the right of way to be
exercised without undue inconvenience to the public, authorise the
erection of the stiles, gates or other works.

(4)     In exercising their powers under subsection (3), the competent
authority may have regard—

(a)   to the needs of persons with mobility problems, and

(b)   to the guidance given by the Secretary of State as to the
exercise of those powers.

(5)     Where an authorisation is granted under subsection (3), the public
right of way is to be deemed to be subject to a condition that the
stiles, gates or other works may be erected and maintained in
accordance with the authorisation and so long as the conditions
attached to it are complied with.

(6)     For the purposes of section 143, any stile, gate or other works
erected in pursuance of an authorisation under this section is to be
deemed to be erected under this section only if the provisions of the
authorisation and any conditions attached to it are complied with.

(7)     For the purposes of this section, the following are competent
authorities—

(a)   in the case of a footpath, bridleway or restricted byway
which is for the time being maintained by a non-
metropolitan district council by virtue of section 42 or 50,
the council and the highway authority;

(b)   in any other case, the highway authority.

(8)     In this section “byway open to all traffic” has the same meaning as
in section 66 of the Wildlife and Countryside Act 1981
(interpretation of Part III).

(9)     Nothing in this section prejudices any limitation or condition
having effect apart form this section.”

Schedule 7

BARONESS BYFORD

19

Page 104, line 4, at end insert—

“(c)   after subsection (5A) insert—


“(5B) The modifications which may be made by an order
under subsection (2) must be made within a period of
one year from the date an owner deposits a map and
statement under section 31(6) of the Highways Act
1980.


(5C) An application made by a person under subsection (5)
must be made within a period of one year from the date
on which the owner deposited a map and statement
under section 31(6) of the Highways Act 1980.””

20

Page 107, line 7, at end insert—

“      After section 57A insert—

“57B          Public rights of way

The Secretary of State may make regulations in relation to land in
England which make provision as to the fees payable in relation
to—

(a)   the submission of evidence discovered in relation to one
of the matters specified under section 53(3)(b) and (c);
and

(b)   an application under section 53(5).””

21

Page 125, line 29, at end insert—

“      In section 31 of the Highways Act 1980 (dedication of way as highway
presumed after public use for 20 years), after subsection (1A) insert—

“(1B)    The presumption of dedication in subsection (1) will not apply
where an application has not been made in accordance with
section 53 of the Wildlife and Countryside Act 1981.””

22

Page 128, line 4, at end insert—

“PART 4A

WILDLIFE AND COUNTRYSIDE (DEFINITIVE MAPS AND STATEMENTS) REGULATIONS 1993

8A  (1)     Schedule 7 to the Wildlife and Countryside (Definitive Maps and
Statements) Regulations 1993 is amended as follows.

(2)     After “I/We attach copies of the following documentary evidence
(including statements of witnesses) in support of this application” insert
“and each witness has completed their own statement and signed a
statement of truth”.”

Clause 28

THE EARL OF CLANCARTY

23

Leave out Clause 28 and insert the following new Clause—

“Erection of public statues (London)

In section 5 of the Public Statues (Metropolis) Act 1854, for
“commissioners” substitute “Mayor of London”.”

After Clause 28

LORD BRADSHAW

LORD JUDD

24

Insert the following new Clause—

“Mechanically propelled vehicles on unsealed roads: removal of burdens

(1)     Within one year of the passing of this Act, the Secretary of State shall lay
before both Houses of Parliament a report containing an assessment of the
burdens and costs caused by the use of mechanically propelled vehicles on
unsealed rights of way to—

(a)   the users of such rights of way,

(b)   landowners and tenants, and

(c)   other interested parties, including highway authorities, Natural
England, National Park Authorities, local authorities, parish
councils and other community organisations.

(2)     A report under subsection (1) shall include—

(a)   proposals to alleviate such burdens and costs, and

(b)   an assessment as to whether legislation should continue to permit
mechanically propelled vehicles to use unsealed rights of way.

(3)     The Secretary of State may through regulations implement any proposals
contained in the report under subsection (1).

(4)     Regulations made under subsection (3) shall be made by statutory
instrument.

(5)     A statutory instrument under subsection (4) shall not be made unless a
draft has been laid before and approved by both Houses of Parliament.

(6)     The Secretary of State shall not issue a report under subsection (1) until he
has consulted with such interested parties as he thinks fit.”

Clause 31

LORD WALLACE OF SALTAIRE

25

Page 25, line 7, leave out “and”

26

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.”

27

Page 25, line 39, leave out “respect of” and insert “relation to”

28

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.”

29

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.”

30

Page 27, line 3, leave out “to 215C” and insert “and 215BA”

31

Page 27, line 4, leave out “to 215C” and insert “and 215BA”

32

Page 27, line 6, leave out “to 215C” and insert “and 215BA”

33

Page 27, line 18, leave out “, 215B(2) or section 215C(2)” and insert “or 215BA(2)”

34

Page 27, line 28, leave out “, 215B(2) or 215C(2)” and insert “or 215BA(2)”

35

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.”

Clause 32

LORD BEST

36

Page 28, line 15, leave out subsection (4)

Clause 33

LORD ROOKER

 

Lord Rooker gives notice of his intention to oppose the Question that Clause 33 stand part
of the Bill
.

Clause 34

LORD TOPE

LORD CLEMENT-JONES

 


The above-named Lords give notice of their intention to oppose the Question that Clause 34
stand part of the Bill.

After Clause 34

LORD WALLACE OF SALTAIRE

37

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.””

38

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.”

39

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.”

LORD BEST

40

Insert the following new Clause—

“Discount for persons exercising right to buy

(1)     Section 129 of the Housing Act 1985 (discount) is amended as follows.

(2)     In subsection (1)—

(a)   after “calculated” insert “by the relevant local housing authority—

(a)   ”

(b)   at the end insert—

“(b)   by reference to an analysis of the housing market in
the relevant local housing authority’s area; and

(c)   at a level which in the view of the relevant local
housing authority will encourage the exercise of the
right to buy in its area.”

(3)     After subsection (1) insert—

“( )     Local authorities must make information available to eligible
tenants on the discount level in the local area.”

(4)     For subsections (2) to (2B) substitute—

“(2)     The discount shall not exceed 60 per cent.”

(5)     After subsection (3) insert—

“(4)     In this section, the “relevant local housing authority” means the
local housing authority in whose area the land that is the subject of
the right to buy is situated.”.”

41

Insert the following new Clause—

“Use of capital receipts by local authorities

(1)     Section 11 of the Local Government Act 2003 (use of capital receipts) is
amended as follows.

(2)     In subsection (3) at the end insert “(other than a right to buy disposal)”.

(3)     After subsection (6) insert—

“(7)     In subsection (3), a “right to buy disposal” means a disposal under
Part V of the Housing Act 1983.”.”

42

Insert the following new Clause—

“Housing revenue account

In section 171 of the Localism Act 2011 (limits on indebtedness) for
subsections (1) to (5) substitute—

“(1)     A local housing authority that keeps a Housing Revenue Account
shall keep under review the amount of housing debt that it holds.

(2)     In doing so, the local housing authority must have regard to—

(a)   any determination made by it under section 3 of the Local
Government Act 2003 (duty to determine affordable
borrowing limit); and

(b)   any guidance issued or approved by the Secretary of State
under this section in relation to the amount of housing debt
that a local housing authority may hold.””

After Clause 35

LORD WALLACE OF SALTAIRE

43

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.”

Schedule 8

LORD WALLACE OF SALTAIRE

44

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

45

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

LORD WALLACE OF SALTAIRE

46

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.”

Schedule 9

LORD WALLACE OF SALTAIRE

47

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.”

48

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.”

49

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.”

50

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

51

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).”

52

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

53

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;”.”

54

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

55

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

56

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.”

57

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.””

58

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

59

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”

60

Page 136, line 37, after “Wales” insert “other than the parts mentioned in paragraph
(a)(i) and (ii)”

61

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.”

Clause 40

LORD ROOKER

62

Page 31, line 15, leave out paragraphs (a) and (b) and insert “in paragraph (a) at the
end insert “following a secondary investigation funded by trade unions and other
organisations representing families of victims of the accident.””

Schedule 13

LORD WALLACE OF SALTAIRE

63

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”

64

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

65

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

66

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”.”

67

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

“(3)     Omit subsections (4) and (5).”

68

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

69

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 15

LORD CLEMENT-JONES

70

Page 165, line 3, leave out paragraph 3

Clause 52

LORD BROOKE OF ALVERTHORPE

 

Lord Brooke of Alverthorpe gives notice of his intention to oppose the Question that
Clause 52 stand part of the Bill
.

Schedule 16

LORD BROOKE OF ALVERTHORPE

71

Page 166, line 39, at end insert—

“( )   the conditions of the sale have satisfied a public health
test, carried out by the licensing authority, and”

72

Page 167, line 21, at end insert—

“( )     The sale must be made by individuals who have completed
training in the responsible retail of alcohol, including but not
limited to the prevention of underage sales and the retail of
alcohol to a person who is drunk.”

73

Page 167, line 25, at end insert—

“( )     The alcohol must be sold for no less than fifty pence per unit.”

74

Page 167, line 41, at end insert—

“( )     The sale must be made by individuals who have completed
training in the responsible retail of alcohol, including but not
limited to the prevention of underage sales and the retail of
alcohol to a person who is drunk.”

75

Page 168, line 2, at end insert—

“( )     The alcohol must be sold for no less than fifty pence per unit.”

Clause 55

LORD BROOKE OF ALVERTHORPE

 


Lord Brooke of Alverthorpe gives notice of his intention to oppose the Question that
Clause 55 stand part of the Bill.

After Clause 57

LORD WALLACE OF SALTAIRE

LORD ROOKER

76

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—

“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;

(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
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—

(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
section 84(1), section 86(1),
an order under section 88(1)
and section 89(1)

Speed limits
 
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

(4)     The appropriate national authority may by regulations amend this
section so as to—

(a)   add or omit an entry in the Table in subsection (3);

(b)   provide that subsection (3) applies in relation to a provision
for the time being included in the Table only for purposes
specified in the regulations;

(c)   provide that subsection (3) applies in relation to a provision
for the time being included in the Table only if a condition
specified in the regulations is included in the motor race
order.

(5)     However, regulations under subsection (4) may not add any
provision of sections 3A to 11 of this Act (motor vehicles: drink and
drugs) to the Table in subsection (3).

(6)     The promoter of an event in respect of which a motor race order has
been made is liable in damages if personal injury or damage to
property is caused by anything done—

(a)   by or on behalf of the promoter in connection with the event,
or

(b)   by or on behalf of a participant or an official,

unless it is proved that the promoter took reasonable steps to
prevent the injury or damage occurring.

(7)     For the purposes of the Law Reform (Contributory Negligence) Act
1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any
injury or damage for which a person is liable under subsection (6)
is to be treated as due to the fault of that person.

(8)     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;

“official” means a person who facilitates the holding of a race
or trial of speed.

12F          Regulations by appropriate national authority: procedure

(1)     A power to make regulations conferred on the Secretary of State or
the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is
exercisable by statutory instrument.

(2)     A statutory instrument containing regulations made by the
Secretary of State under section 12E(4) (whether alone or with other
provision) may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of
Parliament.

(3)     A statutory instrument containing regulations made by the
Secretary of State under section 12B(6) or 12D(3)(c) (other than
regulations to which subsection (2) applies) is subject to annulment
in pursuance of a resolution of either House of Parliament.

(4)     A statutory instrument containing regulations made by the Welsh
Ministers under section 12E(4) (whether alone or with other
provision) may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, the National
Assembly for Wales.

(5)     A statutory instrument containing regulations made by the Welsh
Ministers under section 12B(6) or 12D(3)(c) (other than regulations
to which subsection (4) applies) is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.

12G          Authorisation of races and trials of speed in Scotland

(1)     The Scottish Ministers may by regulations authorise, or make
provision for authorising, the holding of races or trials of speed on
public roads in Scotland.

(2)     Regulations under this section may in particular—

(a)   specify the persons by whom authorisations may be given;

(b)   limit the circumstances in which, and the places in respect
of which, authorisations may be given;

(c)   provide for authorisations to be subject to conditions
imposed by or under the regulations;

(d)   provide for authorisations to cease to have effect in
circumstances specified in the regulations;

(e)   provide for the procedure to be followed, the particulars to
be given, and the amount (or the persons who are to
determine the amount) of any fees to be paid, in connection
with applications for authorisations.

(3)     Regulations under this section may make different provision for
different cases.

12H          Races and trials of speed in Scotland: further provision

(1)     Section 12(1) does not apply to the promoter of an event that has
been authorised by or under regulations under section 12G if that
person—

(a)   promotes the event in accordance with any conditions
imposed on the promoter by or under the regulations, and

(b)   takes reasonable steps to ensure that any other conditions
imposed by or under the regulations are met.

(2)     Section 12(1) does not apply to a participant in an event that has
been authorised by or under regulations under section 12G,
provided that the participant complies with any conditions
imposed on participants by or under the regulations.

(3)     Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event
that has been authorised by or under regulations under section 12G
or to any other person of a description specified in regulations
made by the Scottish Ministers, provided that the participant or
other person complies with any conditions imposed on participants
or on persons of that description by or under regulations under
section 12G.

(4)     The Scottish Ministers may by regulations make provision for
specified provisions of legislation of a kind mentioned in
subsection (5)—

(a)   not to apply in relation to participants in events authorised
by or under regulations under section 12G or (as
appropriate) in relation to vehicles used by such persons;

(b)   to apply in relation to such persons or vehicles subject to
modifications specified in the regulations;

(c)   not to apply in relation to persons of a description specified
in regulations under this subsection or (as appropriate) in
relation to vehicles used by such persons;

(d)   to apply in relation to such persons or vehicles subject to
modifications specified in the regulations.

(5)     The kinds of legislation are—

(a)   legislation restricting the speed of vehicles or otherwise
regulating the use of vehicles on a public road;

(b)   legislation regulating the construction, maintenance or
lighting of vehicles;

(c)   legislation requiring a policy of insurance or security to be
in force in relation to the use of any vehicle;

(d)   legislation relating to the duty chargeable on, or the
licensing and registration of, vehicles;

(e)   legislation requiring the driver of a vehicle to hold a licence
to drive it;

(f)   legislation relating to the enforcement of any legislation
mentioned in paragraphs (a) to (e).

(6)     However, regulations under subsection (4) may not disapply, or
otherwise alter the application of, sections 3A to 11 of this Act
(motor vehicles: drink and drugs).

(7)     The Scottish Ministers may by regulations amend section 16A of the
Road Traffic Regulation Act 1984 so as to enable orders under that
section that are made for the purposes of an event authorised by or
under regulations under section 12G to suspend statutory
provisions in addition to those specified in section 16A(11).

(8)     The promoter of an event that has been authorised by or under
regulations under section 12G is liable in damages if personal injury
or damage to property is caused by anything done—

(a)   by or on behalf of the promoter in connection with the event,

(b)   by or on behalf of a participant, or

(c)   by or on behalf of a person of a description specified in
regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to
prevent the injury or damage occurring.

(9)     For the purposes of the Law Reform (Contributory Negligence) Act
1945, any injury or damage for which a person is liable under
subsection (8) is to be treated as due to the fault of that person.

(10)     In this section, “legislation” means—

(a)   an Act or subordinate legislation (within the meaning of the
Interpretation Act 1978);

(b)   an Act of the Scottish Parliament or an instrument made
under an Act of the Scottish Parliament.

12I          Regulations under section 12G or 12H: procedure

(1)     Before making regulations under section 12H(3), (4), (7) or (8), the
Scottish Ministers must consult such persons as they consider
appropriate.

(2)     Regulations under section 12G are subject to the negative
procedure.

(3)     Regulations under section 12H(3), (4), (7) or (8) are subject to the
affirmative procedure.”

77

Insert the following new Clause—

“Motor racing: road closures

(1)     Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic
authority to impose by order restrictions or temporary prohibitions on the
use of roads in connection with certain events) is amended as follows.

(2)     In subsection (4), in paragraph (a), after “(motor racing on public ways)”
insert “unless a motor race order under section 12D of that Act is made in
relation to the race or trial or it is authorised by or under regulations under
section 12G of that Act”.

(3)     After subsection (11) insert—

“(12)    An order under this section that is made for the purposes of a race
or trial of speed in relation to which a motor race order under
section 12D of the Road Traffic Act 1988 has been made may also
suspend—

(a)   regulations under section 25(1);

(b)   section 28(1);

(c)   an order under section 29(1);

(d)   byelaws under section 31(1);

(e)   any provision made by or under Part 4.”

78

Insert the following new Clause—

“Motor racing: consequential amendments

(1)     The Road Traffic Act 1988 is amended in accordance with subsections (2) to
(5).

(2)     For the italic cross-heading before section 12 substitute “Motor racing on
public ways”.

(3)     Before section 13 insert the italic cross-heading “Other motor events”.

(4)     In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

“(3A)    Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”

(5)     In section 195 (provisions as to regulations), after subsection (5) insert—

“(6)     This section does not apply in relation to regulations under section
12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section
12F) or regulations under section 12G or 12H(3), (4), (7) or (8)
(provision as to which is made by section 12I).”

(6)     The Secretary of State may by regulations made by statutory instrument
repeal any local Act passed before this Act which makes provision for
authorising races or trials of speed between motor vehicles on highways in
England and Wales (and, for this purpose, “highway” has the same
meaning as in the Road Traffic Act 1988).

(7)     Regulations under subsection (6) may include transitional, transitory or
saving provision.

(8)     Before making regulations under subsection (6), the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(9)     A statutory instrument containing regulations under subsection (6) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(10)     The Scottish Ministers may by regulations repeal any local Act passed
before this Act which makes provision for authorising races or trials of
speed between motor vehicles on public roads in Scotland (and, for this
purpose, “public road” has the same meaning as in the Road Traffic Act
1988).

(11)     Regulations under subsection (10) may include transitional, transitory or
saving provision.

(12)     Before making regulations under subsection (10), the Scottish Ministers
must consult such persons as they consider appropriate.

(13)     Regulations under subsection (10) are subject to the negative procedure.”

After Clause 60

LORD CLEMENT-JONES

THE EARL OF CLANCARTY

79

Insert the following new Clause—

“Busking deregulation

(1)     Omit paragraph 14 of section 54 of the Metropolitan Police Act 1839.

(2)     Omit sections 32 to 44 of the London Local Authorities Act 2000.”

LORD CLEMENT-JONES

LORD GRADE OF YARMOUTH

VISCOUNT COLVILLE OF CULROSS

LORD DUBS

80

Insert the following new Clause—

“Copyright in broadcast-

Omit section 73 of the Copyright, Designs and Patents Act 1988 (reception
and re-transmission of wireless broadcast by cable).”

LORD MANCROFT

LORD LOW OF DALSTON

81

Insert the following new Clause—

“Changes in mandatory conditions of lottery operating licence

(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 61

LORD ROOKER

LORD SHARKEY

 


The above-named Lords give notice of their intention to oppose the Question that Clause 61
stand part of the Bill.

Schedule 18

LORD WALLACE OF SALTAIRE

82

Page 175, line 13, leave out “A” and insert “Subject to subsection (3A), a”

83

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.”

84

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.”

85

Page 184, line 12, leave out “this Act” and insert “section 3A(3) or (4), 3B(3), 3C(8)
or 7(2)”

86

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.”

87

Page 187, line 33, leave out from “charge,” to end of line 35

Schedule 19

LORD WALLACE OF SALTAIRE

88

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,”

Clause 82

LORD SHARKEY

LORD ROOKER

89

Page 58, line 14, at end insert—

“(2)     This section and paragraphs 1 to 39, 41 and 42 of Schedule 20 may not come
into force until the three conditions set out in subsections (3) to (5) are met.

(3)     The first condition is that the Law Commission and the Scottish Law
Commission (“the Law Commissions”) have reported on whether each
item of legislation to be repealed by paragraphs 1 to 39, 41 and 42 of
Schedule 20 is, or may be, of practical use; or is no longer of practical use.

(4)     The second condition is that the reports of the Law Commissions under
subsection (3) have been laid before each House of Parliament.

(5)     The third condition is that the Secretary of State has, by regulations made
by statutory instrument, removed from the list of legislation to be repealed
in Schedule 20 any provisions which the Law Commissions have reported
are, or may be, of practical use.

(6)     A statutory instrument containing regulations under subsection (5) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.


17

(7)     Paragraph 40 of Schedule 20 comes into force on the day on which this Act
is passed.”

LORD NASEBY

[Amendment 90 is an amendment to Amendment 89]

90


Line 17, leave out subsection (7)

Schedule 20

LORD WALLACE OF SALTAIRE

91

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).”

92

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
paragraph 67.”

Clause 83

LORD GREAVES

 


Lord Greaves gives notice of his intention to oppose the Question that Clause 83 stand part
of the Bill.

Clause 84

LORD MCNALLY

93

Page 58, line 38, at end insert—

“(d)   a regulatory function of the Equality and Human Rights
Commission”

LORD ROOKER

94

Page 58, line 38, at end insert—

“( )     The first time the Minister consults under subsection (2), the Minister must
consult on specifying the regulatory functions of the Planning Inspectorate
in the first order to be made under subsection (1), but only to the extent
consistent with subsection (3).”

LORD GREAVES

 


Lord Greaves gives notice of his intention to oppose the Question that Clause 84 stand part
of the Bill.

Clause 85

LORD GREAVES

 


Lord Greaves gives notice of his intention to oppose the Question that Clause 85 stand part
of the Bill.

Clause 86

LORD GREAVES

 


Lord Greaves gives notice of his intention to oppose the Question that Clause 86 stand part
of the Bill.

Clause 87

LORD WALLACE OF SALTAIRE

95

Page 60, line 24, after “amends” insert “or modifies”

96

Page 60, line 29, after “amend” insert “or modify”

Clause 89

LORD WALLACE OF SALTAIRE

LORD ROOKER

97

Page 61, line 13, after “(2)” insert “and (Motor racing: consequential amendments)(6)
to (9)
)”

98

Page 61, line 14, at end insert—

“( )     Section (Motor racing: consequential amendments)(10) to (13)) extends only to
Scotland.”

Clause 90

LORD WALLACE OF SALTAIRE

99

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).”

100

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.”

101

Page 61, line 25, at end insert “(so far as not already in force by virtue of subsection
(1A)”

102

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
);”

LORD SHARKEY

LORD ROOKER

103

Page 61, line 38, leave out paragraph (n)

104

Page 62, line 5, at end insert—

“( )     Section 82 and Schedule 20 come into force in accordance with subsections
(2) to (7) of section 82.”

LORD WALLACE OF SALTAIRE

105

Page 62, line 6, leave out “The remaining” and insert “Except as provided by
subsections (1) to (4), the”

Prepared 25th October 2014