Session 2014-15
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Deregulation Bill
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—
| 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 |
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 1 to 3 Schedule 1 Clauses 4 to 8 Schedule 2 | Clause 9 Schedule 3 Clauses 10 to 12 |
[Amendments marked * are new or have been altered]
Clause 45
LORD TUNNICLIFFE
Page 37, line 21, at end insert—
“(5) Under the provisions of the Child Trust Funds Act 2004, the Secretary of
State must issue guidance on the support to be provided to account holders
when they reach the age of 18 by local authorities and persons authorised
to manage a child trust fund for looked after children under section 3(10)
of that Act.”
After Clause 47
LORD TUNNICLIFFE
Insert the following new Clause—
The Secretary of State must lay a report before both Houses of Parliament
within 6 months of the passing of this Act on what measures will be taken
to promote competition between providers of child trust funds and
protected child accounts and greater choice for consumers.”
Clause 48
LORD TUNNICLIFFE
Page 38, line 35, at end insert—
“( ) Before making regulations under subsection (1), the Treasury must
consult with the relevant stakeholders, including but not limited
to—
(a) child trust fund account providers, and
(b) children’s representatives.”
Schedule 13
LORD WALLACE OF SALTAIRE
Page 155, line 26, leave out “ “Chief Executive” substitute “Secretary of State”” and
insert “the words from “The” to “facilities” substitute “The Secretary of State must
secure the provision of such facilities as the Secretary of State considers
appropriate”
Page 155, line 27, leave out “subsection (3)” and insert “subsections (3), (4) and (8)”
Page 155, line 28, leave out sub-paragraph (4)
Page 155, line 34, leave out sub-paragraph (2) and insert—
“(2) In subsection (1), for the words from “The” to “facilities” substitute “The
Secretary of State must secure the provision of such facilities as the
Secretary of State considers appropriate”.
(2A) In subsection (3)(b), for “Chief Executive” substitute “Secretary of
State”.”
Page 155, line 36, leave out sub-paragraph (3) and insert—
“(3) Omit subsections (4) and (5).”
Page 158, line 34, leave out paragraphs 35 and 36
Page 161, line 19, at end insert—
“Education Act 2011 (c.21)
67 In the Education Act 2011, omit the following—
(a) section 30(8);
(b) section 70;
(c) section 72;
(d) in Schedule 18, paragraphs 4 and 6.”
Schedule 14
LORD YOUNG OF NORWOOD GREEN
Page 161, line 30, leave out paragraph 2
After Clause 51
BARONESS THORNTON
Insert the following new Clause—
(1) The School Organisation (Requirements as to Foundations) (England)
Regulations 2007 are amended as follows.
(2) At the end of Regulation 3(b) insert “or;
(c) A Co-operative Society as defined in the Co-operative and
Community Benefit Societies Act 2014.”
Insert the following new Clause—
In section 18 of the Education and Inspections Act 2006 (alterations that
may be made under section 19), omit subsection (4)(f).”
Schedule 15
LORD CLEMENT-JONES
Page 165, line 3, leave out paragraph 3
Before Clause 52
BARONESS SMITH OF BASILDON
Insert the following new Clause—
(1) No later than the end of the period of 6 months beginning with the day on
which this Act is passed, the Secretary of State must commence a cross-
government review of all legislation relating to local authority licensing,
consents, permits and registrations with a view to streamlining licensing
processes.
(2) A report on the review must be presented to Parliament by the Secretary of
State no later than the end of the period of 18 months beginning with the
day on which this Act is passed.”
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
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”
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.”
Page 167, line 25, at end insert—
“( ) The alcohol must be sold for no less than fifty pence per unit.”
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.”
Page 168, line 2, at end insert—
“( ) The alcohol must be sold for no less than fifty pence per unit.”
BARONESS SMITH OF BASILDON
Page 169, line 6, at end insert—
“(c) the relevant local authority as the licensing authority”
Page 169, line 18, leave out “court” and insert “Licensing Committee”
Page 169, line 27, leave out “court” and insert “Licensing Committee”
Page 171, line 23, leave out “court” and insert “Licensing Committee”
Page 171, line 24, leave out “court” and insert “Licensing Committee”
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
Insert the following new Clause—
(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.””
Insert the following new Clause—
(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.””
Insert the following new Clause—
(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.”
Clause 60
BARONESS HOWE OF IDLICOTE
LORD GRADE OF YARMOUTH
LORD STEVENSON OF BALMACARA
Page 46, line 45, at end insert—
“(14) Any regulations which may be made under subsection (1) shall not take
effect before 1 April 2017.”
After Clause 60
LORD CLEMENT-JONES
THE EARL OF CLANCARTY
Insert the following new Clause—
(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
Insert the following new Clause—
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
Insert the following new Clause—
(1) Section 99 of the Gambling Act 2005 is amended as follows.
(2) In subsection (2), after “at least 20% of the” insert “aggregate annual”.
(3) In subsection (3)(a), for “£4,000,000” substitute “£10,000,000”.
(4) In subsection (3)(b), for “may not exceed £10,000,000” substitute “is
unlimited”.
(5) In subsection (4)(b), for “10%” substitute “50%”.”
Clause 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
Page 175, line 13, leave out “A” and insert “Subject to subsection (3A), a”
Page 175, line 20, at end insert—
“(3A) For the purposes of section 3C however, and the meaning of
“regulated substance” in or in relation to that section, a
“regulated explosives precursor”—
(a) is a substance listed in Part 1 of Schedule 1A, and
(b) includes a mixture or another substance in which a
substance listed in that Part is present,
but, in each case, only if the substance or mixture is not
excluded.”
Page 178, line 18, at end insert—
“( ) The Secretary of State may by regulations make provision
modifying this section so far as it applies to any supplies that
involve despatch of the substance to Northern Ireland or export
of it from the United Kingdom.”
Page 184, line 12, leave out “this Act” and insert “section 3A(3) or (4), 3B(3), 3C(8)
or 7(2)”
Page 184, line 38, at end insert—
“(12) In relation to an offence committed before section 85(1) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012
comes into force—
(a) the reference in subsection (1)(b)(i) to a fine is to be read
as a reference to a fine not exceeding the statutory
maximum;
(b) the reference in subsection (4)(a) to a fine is to be read as
a reference to a fine not exceeding level 5 on the standard
scale.”
Page 187, line 33, leave out from “charge,” to end of line 35
After Clause 78
BARONESS BLACKSTONE
Insert the following new Clause—
NHS Foundation Trust (formerly the Hospital for Sick Children)
(1) Schedule 6 to the Copyright, Designs and Patents Act 1988 (provisions for
the Benefit of the Hospital for Sick Children) is amended as follows.
(2) After paragraph 7 (right only for the benefit of the Hospital) insert—
“(1) Should the Secretary of State cease to appoint the trustees for the
Hospital, or all such appointments are terminated by statutory
provision or otherwise, the Secretary of State shall by order
transfer the right to a royalty (or other form of remuneration)
conferred by paragraph 2 on such successor trustee or trustees as
the Secretary of State considers fit, and those trustees will
continue to hold the right on trust for the benefit of the Hospital
on the same terms as provided for in this Schedule
notwithstanding any constraint or limitation imposed by
paragraph 7.””
Schedule 19
LORD WALLACE OF SALTAIRE
Page 195, line 33, after “(1)” insert “, if that sub-paragraph comes into force before
paragraph 123(c) of Schedule 12 to the Local Audit and Accountability Act 2014,”
Clause 82
LORD SHARKEY
LORD ROOKER
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]
Line 17, leave out subsection (7)
Schedule 20
LORD WALLACE OF SALTAIRE
Page 201, line 8, at end insert—
“Highways (Assessment of Environmental Effects) Regulations
22A The following Regulations are revoked—
(a) the Highways (Assessment of Environmental Effects)
Regulations 1988 (S.I. 1988/1241);
(b) the Highways (Assessment of Environmental Effects)
Regulations 1994 (S.I. 1994/1002).”
Page 201, line 10, at end insert—
“Sea Fisheries Act 1868 and other fisheries legislation
28A The following Acts are repealed—
(a) the Sea Fisheries Act 1868, including so far as it extends outside
the United Kingdom by virtue of section 70 of that Act;
(b) the Fisheries Act 1891;
(c) the British Fishing Boats Act 1983, including so far as it extends
outside the United Kingdom by virtue of an Order in Council
under section 10 of that Act.
28B (1) The following amendments are made in consequence of paragraph 28A.
(2) In the Fishery Limits Act 1976, in Schedule 2, omit paragraph 7.
(3) In the Debtors (Scotland) Act 1987, in Schedule 6, omit paragraph 24.
(4) In the Merchant Shipping Act 1995, in Schedule 13, omit paragraphs 2, 9
and 68.
(5) In the Statute Law (Repeals) Act 1998, in Schedule 2, omit paragraph 9.
(6) In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit
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
Page 58, line 38, at end insert—
“(d) a regulatory function of the Equality and Human Rights
Commission”
LORD ROOKER
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
Page 60, line 24, after “amends” insert “or modifies”
Page 60, line 29, after “amend” insert “or modify”
Clause 89
LORD WALLACE OF SALTAIRE
LORD ROOKER
Page 61, line 13, after “(2)” insert “and (Motor racing: consequential amendments)(6)
to (9))”
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
Page 61, line 21, leave out subsection (1) and insert—
“(1) The following provisions come into force on the day on which this Act is
passed—
(a) section 31;
(b) section 32;
(c) section 34;
(d) section 67;
(e) sections 84, 85(1), (2) and (4) to (8) and 86;
(f) sections 87 to 89, this section and section 91.
(1A) The following provisions also come into force on the day on which this Act
is passed but only so far as is necessary for enabling the exercise on or after
that day of any power to make provision by an order or regulations—
(a) section 1;
(b) section 38;
(c) sections 46 to 48;
(d) Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Part 6 of Schedule 9 and Schedule 18 (and the sections to which those Schedules
relate).”
Page 61, line 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 25, at end insert “(so far as not already in force by virtue of subsection
(1A)”
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
Page 61, line 38, leave out paragraph (n)
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
Page 62, line 6, leave out “The remaining” and insert “Except as provided by
subsections (1) to (4), the”