Deregulation Bill

sixth
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 58 to 68
Clauses 79 to 82
Schedule 18
Schedule 20
Clauses 69 to 78
Clauses 83 to 91
Schedule 19
Clauses 1 to 3
Clause 9
Schedule 1
Schedule 3
Clauses 4 to 8
Clauses 10 to 12
Schedule 2

[Amendments marked * are new or have been altered]

Clause 58

LORD STEVENSON OF BALMACARA

78ZA*

Page 44, line 22, leave out “is not provided with a view to profit” and insert “cannot
generate more income than the total cost of the exhibition”

78ZB*

Page 44, line 25, leave out “500” and insert “250”

78ZC*

Page 44, line 43, at end insert—

“( )     The sixth condition is that a person concerned in the organisation or
management of the entertainment has complied with the statutory
requirements of the relevant licensing authority in respect of—

(a)   fire safety;

(b)   public health and food hygiene;

(c)   environmental licensing; and

(d)   child protection.”

Clause 60

BARONESS HOWE OF IDLICOTE

LORD GRADE OF YARMOUTH

LORD STEVENSON OF BALMACARA

LORD CLEMENT-JONES

78A

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

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

LORD KENNEDY OF SOUTHWARK

 


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

Clause 64

LORD KENNEDY OF SOUTHWARK

 


Lord Kennedy of Southwark gives notice of his intention to oppose the Question that
Clause 64 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

Clause 71

BARONESS DONAGHY

 


Baroness Donaghy gives notice of her intention to oppose the Question that Clause 71
stand part of the Bill.

After Clause 78

BARONESS BLACKSTONE

LORD HARRIS OF PECKHAM

THE EARL OF LISTOWEL

BARONESS BENJAMIN

87A

Insert the following new Clause—

“Continuation of provisions for the benefit of Great Ormond Street Hospital
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—

“      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.””

BARONESS SCOTT OF NEEDHAM MARKET

87B

Insert the following new Clause—

“Births, marriages and death registration: historical searches

(none)   After section 34 of the Births and Deaths Registration Act 1953, insert—

“34A          Historical searches

(1)     The Registrar General may provide a copy of an historical record
held by him, which need not be a certified copy, to any person who
makes a search and requests such a copy.

(2)     A copy provided under subsection (1) may not be used in place of
a certified copy as proof of an entry in the register.

(3)     For the purposes of this section—

(a)   an “historical record” means any entry in a register held by
the Registrar General which is more than one hundred years
old on the date on which such a request is made;

(b)   a copy of a record which is not a certified copy means a
paper, electronic or other duplication as may be prescribed
in regulation.

(4)     The Registrar General may charge such fees as appropriate in
relation to making and delivering a copy of a record which is not a
certified copy, but such a fee shall be no more than £3.00 per
record.””

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 8th November 2014