Deregulation Bill (HL Bill 33)

Deregulation BillPage 80

(b) such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be
made at such earlier time as may be specified by the Registrar.

26 (1) Section 133C (duty to disclose further disability) has effect as if it were
5amended as follows.

(2) In subsection (1)—

(a) for paragraph (a) substitute—

(a) persons whose names are in the register, and;

(b) in paragraph (b), omit “granted by virtue of subsection (2)(b) of that
10section”.

(3) In subsection (2)(a), for “125A(3)” substitute “125(2A), 129(1A)”.

27 (1) Section 133D (offences relating to giving by disabled person of paid driving
instruction) has effect as if it were amended as follows.

(2) For subsection (1) substitute—

(1) 15This section applies to—

(a) persons whose names are in the register, and

(b) persons who hold licences under section 129 of this Act,

who have undergone emergency control assessments in accordance
with a requirement imposed under section 125(2C) or 129(1B) or as
20mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).

(3) After subsection (3) insert—

(3A) Subsection (3) does not apply if the person to whom the instruction
is given holds a full licence granted under Part 3 which is not limited
by virtue of a notice served under section 92(5)(b).

(4) 25In the heading, omit “by disabled person”.

28 Part 5 has effect as if after section 133D there were inserted—

133E Direction to disregard emergency control assessment requirement

(1) This section applies where a person has been required—

(a) under section 125(2C) or 129(1B), or

(b) 30as mentioned in section 125(5)(a)(ii) or 129(5ZA),

to submit himself for an emergency control assessment.

(2) At any time before the assessment takes place the Registrar may
withdraw the requirement (in which case this Part applies as if the
requirement had never been imposed).

(3) 35At any time after the assessment takes place the Registrar may direct
that the requirement is to be disregarded for the purposes of this Part
(and accordingly any condition that the person holds an emergency
certificate is to cease to apply).

(4) Notice of—

(a) 40the withdrawal of a requirement under subsection (2), or

(b) a direction under subsection (3),

must be given to the person on whom the requirement was
imposed.

Deregulation BillPage 81

29 (1) Section 142 (index to Part 5) has effect as if the index were amended as
follows.

(2) Omit the following expressions and the corresponding relevant
provisions—

  • 5“Appropriate motor car”;

  • “Disabled person’s limited driving licence”;

  • “Registered disabled instructor”.

(3) In the entry for the expressions “disability, prospective disability and
relevant disability”, in the corresponding relevant provision, for “125A(8)”
10substitute “125(10)”.

(4) In the entry for the expressions “emergency control assessment and
emergency control certificate”, in the corresponding relevant provision, for
“125A(8)” substitute “125(10)”.

Part 3 15Consequential and related amendments

Road Traffic (Driving Instruction by Disabled Persons) Act 1993

30 (1) The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is
amended as follows.

(2) Omit section 1 (registration of disabled persons as driving instructors).

(3) 20In section 2 (licences allowing disabled persons to give instruction so as to
obtain practical experience), omit subsection (4).

(4) In the Schedule (related and consequential amendments)—

(a) omit paragraph 5(4);

(b) omit paragraph 6(4) and (5);

(c) 25omit paragraph 7(4).

Road Traffic Offenders Act 1988

31 (1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), as amended by
Schedule 6 to the Road Safety Act 2006, is amended as follows.

(2) 30In the entry for section 125A(4) of the Road Traffic Act 1988—

(a) for “125A(4)” substitute “125(3B)”;

(b) in the second column, for “for registration as disabled driving
instructor” substitute “to be registered in respect of driving
instruction”;

(c) 35in the second column, omit “onset of, or deterioration in,”.

(3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second
column, omit “disabled”.

(4) In the entry for section 133D of the Road Traffic Act 1988, in the second
column, for “disabled persons” substitute “persons required to hold an
40emergency control certificates”.

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32 (1) Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of
Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts) has effect as if it
were amended as follows.

(2) 5In the entry for section 125A(4) of the Road Traffic Act 1988—

(a) for “125A(4)” substitute “125(2B)”;

(b) in the second column, for “for registration as disabled driving
instructor” substitute “to be registered in respect of driving
instruction”;

(c) 10in the second column, omit “onset of, or deterioration in,”.

(3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second
column, omit “disabled”.

(4) In the entry for section 133D of the Road Traffic Act 1988, in the second
column, for “disabled persons” substitute “persons required to hold
15emergency control certificates”.

Road Safety Act 2006

33 (1) In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.

Section 9

SCHEDULE 3 Motor insurance industry: certificates of insurance

1 20The Road Traffic Act 1988 is amended as follows.

2 In section 147 (issue and surrender of certificates of insurance and of
security”)—

(a) in subsection (1A), for the words from “this Part of this Act” to
“subsection (1) above” substitute “subsection (1) as having been
25delivered”;

(b) in the heading, omit “and surrender”.

3 In section 148 (avoidance of certain exceptions to policies or securities), in
subsection (1), for the words from “Where a certificate” to “has been given,”
substitute “Where a policy or security is issued or given for the purposes of
30this Part of this Act,”.

4 (1) Section 151 (duty of insurers or persons giving security to satisfy judgment
against persons insured or secured against third-party risks) is amended as
follows.

(2) In subsection (1), for the words from “a certificate of insurance” to “security
35has been given,” substitute “a policy or security is issued or given for the
purposes of this Part of this Act,”.

(3) In subsection (2)(a), omit “to which the certificate relates”.

5 In section 152 (exceptions to section 151), in paragraph (c) of subsection (1),
omit the words from “, and also” to the end of the paragraph.

6 40In section 153 (bankruptcy, etc, of insured or secured persons not to affect
claims by third parties), in subsection (1), for the words from “a certificate of

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insurance” to “security has been given,” substitute “a person has effected a
policy of insurance or been given a security for the purposes of this Part of
this Act,”.

7 In section 161 (interpretation), omit subsection (2).

Section 14

5SCHEDULE 4 Agricultural Holdings Act 1986: resolution of disputes by third party
determination

1 The Agricultural Holdings Act 1986 is amended as follows.

2 In section 2 (restriction on letting agricultural land for less than from year to
10year), after subsection (4) (determination of disputes arising as to the
operation of the section in relation to any agreement to be by arbitration)
insert—

(5) Notwithstanding subsection (4) above, the parties to the agreement
may instead refer for third party determination under this Act the
15dispute that has arisen as to the operation of this section.

3 (1) Section 6 (right to written tenancy agreement) is amended as follows.

(2) After subsection (1) insert—

(1A) Where the landlord or tenant has the right under subsection (1)
above to refer the terms of the tenancy to arbitration under this Act,
20the landlord and tenant may instead refer the terms of the tenancy
for third party determination under this Act.

(3) In subsection (2) (contents of arbitrator’s award)—

(a) in the opening words, after “arbitrator in his award” insert “or (as the
case may be) the third party in his determination”;

(b) 25in paragraph (b), after “arbitrator” insert “or third party”.

(4) In subsection (3) (power of arbitrator to vary rent in consequence of
award)—

(a) after “arbitrator” insert “or third party”;

(b) after “award” insert “or (as the case may be) his determination”.

(5) 30In subsection (4) (effect of arbitrator’s award)—

(a) after “The award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) after “the award” (in each place where it occurs) insert “or
determination”.

(6) 35In subsection (6) (period when determination of the terms of the tenancy is
pending), after “award of an arbitrator” insert “or the determination of a
third party”.

4 In section 7 (model clauses as to the maintenance, repair and insurance of
fixed equipment), in subsection (2) (power for regulations to make provision
40for matters arising under them to be determined by arbitration), after
“arbitration” insert “or third party determination”.

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5 (1) Section 8 (arbitration where terms of written agreement are inconsistent
with the model clauses) is amended as follows.

(2) After subsection (2) insert—

(2A) Where the landlord or tenant has the right under subsection (2)
5above to refer the terms of the tenancy as to the maintenance, repair
and insurance of fixed equipment to arbitration under this Act (or
would have that right but for subsection (6) below), the landlord and
tenant may instead refer those terms for third party determination
under this Act.

(3) 10In subsection (3) (arbitrator’s duty to consider terms and power to vary
them)—

(a) after “arbitrator” insert “or third party”;

(b) after “arbitration” insert “or (as the case may be) for third party
determination”;

(c) 15after “award” insert “or determination”.

(4) In subsection (4) (power of arbitrator to vary rent in consequence of
award)—

(a) after “arbitrator” insert “or third party”;

(b) after “award” insert “or (as the case may be) his determination”.

(5) 20In subsection (5) (effect of arbitrator’s award)—

(a) after “The award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) after “the award” (in each place where it occurs) insert “or
determination”.

(6) 25In subsection (6) (references under section to be made at least 3 years
apart)—

(a) after “a reference” insert “to arbitration or third party
determination”;

(b) for “further such reference” substitute “subsequent reference to
30arbitration”;

(c) after “award of the arbitrator” insert “or (as the case may be) the
determination of the third party”.

(7) In the sidenote, after “Arbitration” insert “or third party determination”.

6 (1) Section 9 (transitional arrangements where liability in respect of fixed
35equipment transferred) is amended as follows.

(2) After subsection (1) insert—

(1A) Where the landlord has the right under subsection (1) above to
require that there shall be determined by arbitration under this Act
and paid by the tenant the amount of any relevant compensation (or
40would have that right but for the expiry of the prescribed period), the
landlord and tenant may instead refer for third party determination
under this Act the question of the amount of any relevant
compensation that the tenant is to be required to pay.

(3) In subsection (2) (definition of “relevant compensation”), for “subsection (1)
45above” (in the first place where it occurs) substitute “subsections (1) and (1A)
above”.

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(4) After subsection (3) insert—

(3A) Where the tenant has the right under subsection (3) above to require
that there shall be determined by arbitration under this Act a claim
of a type described in that subsection (or would have that right but
5for the expiry of the prescribed period), the tenant and landlord may
instead refer the claim for third party determination under this Act.

(5) In subsection (4) (provision about disregarding a variation of the terms of a
tenancy as to the maintenance, repair or insurance of fixed equipment), after
“arbitrator” insert “or third party”.

7 10In section 10 (tenant’s right to remove fixtures and buildings), after
subsection (6) (determination by arbitration of any dispute between a
landlord and tenant as to the amount payable by the landlord under
subsection (4) on an election to purchase a fixture or building) insert—

(6A) Notwithstanding subsection (6) above, the landlord and tenant may
15instead refer for third party determination under this Act the dispute
that has arisen with respect to the amount payable by the landlord
under subsection (4).

8 (1) Section 12 (arbitration of rent) is amended as follows.

(2) After subsection (1) insert—

(1A) 20The landlord and tenant may instead refer for third party
determination under this Act the question of how much rent is to be
payable in respect of the holding as from the next termination date.

(3) In subsection (2) (arbitrator’s duty to determine rent properly payable)—

(a) after “arbitrator” insert “or third party”;

(b) 25after “demand for arbitration” insert “or (as the case may be) the
reference for third party determination”.

(4) In subsection (4) (references to the next termination date following the date
of a demand for arbitration)—

(a) after “a demand for arbitration” insert “, or reference for third party
30determination,”;

(b) after “the demand” (in each place where it occurs) insert “or
reference”.

(5) In the sidenote, after “Arbitration” insert “or third party determination”.

9 In section 13 (increases of rent for landlord’s improvements), after
35subsection (7) (determination of any dispute between a landlord and tenant
under the section to be by arbitration) insert—

(7A) Notwithstanding subsection (7) above, the landlord and the tenant
may instead refer the dispute for third party determination under
this Act.

10 (1) 40Section 14 (variation of terms of tenancies as to permanent pasture) is
amended as follows.

(2) After subsection (2) insert—

(2A) Where the landlord or tenant has the right under subsection (2)
above to demand that the question described in that subsection shall

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be referred to arbitration under this Act, the landlord and tenant may
instead refer that question for third party determination under this
Act.

(3) In subsection (3) (power of arbitrator to direct modification of terms as to
5land which is to be maintained as permanent pasture or is to be treated as
arable land and as to cropping)—

(a) after “subsection (2)” insert “or (2A)”;

(b) after “arbitrator” insert “or third party”;

(c) after “award” insert “or (as the case may be) his determination”.

(4) 10In subsection (4) (power of arbitrator to order that, on termination of the
tenancy, the tenant should leave an area of land as permanent pasture or as
temporary pasture sown with certain seeds)—

(a) after “subsection (2)” insert “or (2A)”;

(b) after “arbitrator” insert “or third party”.

11 (1) 15Section 15 (disposal of produce and cropping) is amended as follows.

(2) In subsection (6) (determination by arbitration of question whether tenant
exercising subsection (1) rights in manner likely to injure holding etc), after
“(including an arbitration” insert “or third party determination”.

(3) After subsection (6) insert—

(6A) 20Notwithstanding subsection (6) above, the landlord and tenant may
agree that, for the purposes of proceedings brought by the landlord
under paragraph (a) of subsection (5) above, the question described
in subsection (6) is instead to be referred for third party
determination under this Act.

(6B) 25On a reference under subsection (6A) above, the determination of the
third party shall, for the purposes of any proceedings brought under
subsection (5) above (including an arbitration or third party
determination under paragraph (b)) be conclusive proof of the facts
stated in the determination.

12 (1) 30Section 20 (compensation for damage by game) is amended as follows.

(2) After subsection (4) (amount of compensation to be determined by
arbitration, in default of agreement) insert—

(4A) Notwithstanding subsection (4) above, the tenant and landlord may
instead refer for third party determination under this Act the
35question of the amount of compensation to which the tenant is
entitled.

(3) After subsection (5) (determination by arbitration of questions as to the
landlord’s right to be indemnified against claims for compensation by the
person in whom the right to kill and take the wild animals or birds that did
40the damage is vested) insert—

(6) Notwithstanding subsection (5) above, the landlord and the other
person may instead refer for third party determination under this
Act the questions arising between them under that subsection.

13 In section 25 (length of notice to quit), in subsection (3) (effect of
45determination under section 12 by arbitrator), after “arbitrator” insert “or
third party”.

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14 (1) Section 33 (reduction of rent where notice is given to quit part of holding) is
amended as follows.

(2) After subsection (2) (amount of rent reduction to be determined by
arbitration, in default of agreement) insert—

(2A) 5Notwithstanding subsection (2) above, the tenant and landlord may
instead refer for third party determination under this Act the
question of the amount of any reduction of rent to which the tenant
is entitled under this section.

(3) In subsection (3) (matters to be taken into account by arbitrator)—

(a) 10after “arbitration” insert “or third party determination”;

(b) after “arbitrator” insert “or (as the case may be) the third party”.

15 In section 47 (terms of new tenancy unless varied by arbitration), in the
sidenote, after “arbitration” insert “or third party determination”.

16 (1) Section 48 (arbitration on terms of new tenancy) is amended as follows.

(2) 15For subsection (3) substitute—

(3) Where the provisions of this section apply—

(a) the landlord or tenant may by notice in writing served on the
other within the prescribed period demand a reference to
arbitration under this Act of one or both of the questions
20specified in subsection (4) below, or

(b) the landlord and tenant may refer for third party
determination under this Act one or both of those questions.

(3) In subsection (5) (duties of arbitrator on reference of “question (a)”)—

(a) in the opening words—

(i) 25after “arbitration” insert “or third party determination”;

(ii) after “arbitrator” insert “or (as the case may be) the third
party”;

(b) in paragraph (b), after “award” insert “or determination”.

(4) In subsection (6) (power of arbitrator to vary rent where “question (a)” but
30not “question (b)” referred to arbitration)—

(a) after “arbitration” insert “or third party determination”;

(b) after “arbitrator” insert “or (as the case may be) the third party”;

(c) after “award” insert “or determination”.

(5) In subsection (7) (duties of arbitrator on reference of “question (b)”)—

(a) 35after “arbitration” insert “or third party determination”;

(b) after “arbitrator” insert “or (as the case may be) the third party”.

(6) In subsection (10) (power of arbitrator to include further provisions in
award), after “award” insert “or (as the case may be) the third party may
include in his determination”.

(7) 40In subsection (11) (effect of arbitrator’s award made before “the relevant
time”)—

(a) after “award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) after “award” (in the second place where it occurs) insert “or
45determination”.

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(8) In subsection (12) (effect of arbitrator’s award made after “the relevant
time”)—

(a) after “award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) 5after “award” (in the second place where it occurs) insert “or
determination”.

(9) In the sidenote, after “Arbitration” insert “or third party determination”.

17 In section 74 (supplementary provisions with respect to compensation:
termination of tenancy of part of holding), in subsection (2)(b) (matters to be
10taken into consideration by arbitrator assessing amount of compensation
payable to tenant), after “arbitrator” insert “or (as the case may be) the third
party appointed under section 84A below”.

18 In section 75 (compensation where reversionary estate in holding is
severed), in subsection (2)—

(a) 15after “arbitrator” (in the first place where it occurs) insert “or (as the
case may be) the third party”;

(b) after “awarded” insert “or determined by third party
determination”;

(c) after “award” insert “or determination”;

(d) 20after “arbitrator” (in the second place where it occurs) insert “or third
party”.

19 In section 80 (power of Tribunal to direct holding to be treated as market
garden), after subsection (7) insert—

(7A) Notwithstanding the provision made by subsection (7) above for
25rents to be settled by arbitration, the landlord and tenant may instead
refer those rents to be settled by third party determination under this
Act.

20 (1) Section 83 (settlement of claims on termination of tenancy) is amended as
follows.

(2) 30After subsection (1) (determination by arbitration of claims arising under the
Act etc on or out of the termination of the tenancy) insert—

(1A) Notwithstanding subsection (1) above, but subject to the provisions
of subsections (2) and (3) below, the tenant and landlord may instead
refer for third party determination under this Act any such claim as
35is mentioned in subsection (1).

(3) For subsections (4) and (5) (8 month period from the termination of the
tenancy within which the landlord and tenant may settle a claim by
agreement in writing before it is determined by arbitration) substitute—

(4) An arbitrator may not be appointed under section 84(2) below to
40determine a claim which has become enforceable by virtue of the
service of a notice under subsection (2) above before the expiry of
eight months from the termination of the tenancy.

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21 After section 84 (arbitrations) insert—

84A Third party determinations

(1) Parties who wish to refer a matter for third party determination
under this Act must jointly appoint a third party to determine the
5matter.

(2) Parties may not under subsection (1) jointly appoint a third party to
determine a matter once an arbitrator has been appointed to
determine the matter under section 84(2).

(3) Any matter which by or by virtue of this Act or regulations made
10under this Act may be determined by third party determination
under this Act is to be treated as having been referred for third party
determination under this Act once an appointment has been made
under subsection (1).

(4) References to “third party determination under this Act” are to the
15determination of a matter by the third party appointed under
subsection (1) or a replacement third party jointly appointed by the
parties on a termination of the earlier appointment and references to
a “third party”, in the context of such a determination, are to the third
party so appointed.

(5) 20If a third party appointed under this section to determine a matter
dies, or is incapable of acting, the parties may (instead of appointing
a replacement) agree to proceed as if they had not referred the matter
for third party determination under this Act.

(6) A matter that has been referred for third party determination under
25this Act may not be determined by arbitration under this Act except
by virtue of subsection (5).

(7) Where by virtue of this Act compensation under an agreement is to
be substituted for compensation under this Act for improvements or
for any such matters as are specified in Part 2 of Schedule 8 to this
30Act, the third party must award compensation in accordance with
the agreement instead of in accordance with this Act.

22 In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by
county court proceedings), for “or awarded” substitute “, awarded or
determined by third party determination”.

23 (1) 35Section 86 (power of landlord to obtain charge on holding) is amended as
follows.

(2) In subsection (2) (provision for landlord to request arbitrator to certify
amount of compensation and term for which charge may properly be made),
in the opening words—

(a) 40after “arbitration” insert “or third party determination”;

(b) after “arbitrator” insert “or (as the case may be) the third party”.

(3) In subsection (3) (landlord acting as trustee etc: ability to obtain order
charging the holding with repayment of sums to be paid by the landlord
under the Act)—

(a) 45for “or awarded” (in the first place where it occurs) substitute “,
awarded or determined by third party determination”;