Deregulation Bill (HL Bill 33)

36 Reduction of burdens relating to the use of roads and railways

Schedule 9 makes provision about the following matters—

(a) the duration of driving licences to be granted to drivers with relevant
or prospective disabilities;

(b) 5permit schemes;

(c) road humps;

(d) pedestrian crossings;

(e) off-road motoring events;

(f) testing of vehicles;

(g) 10rail vehicle accessibility regulations: exemption orders.

37 Reduction of burdens relating to enforcement of transport legislation

Schedule 10 makes provision about the following matters—

(a) drink and drug driving offences;

(b) bus lane contraventions.

38 15Civil penalties for parking contraventions: enforcement

(1) Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic
contraventions) is amended as follows.

(2) After section 78 (notification of penalty charge) insert—

“78A Notification of penalty charge: parking contraventions in England

(1) 20Regulations under section 78 must include provision requiring
notification of a penalty charge to be given by a notice affixed to the
vehicle where the charge is in respect of a parking contravention on a
road in a civil enforcement area in England.

(2) The regulations may, however, provide that the requirement does not
25apply in circumstances specified in the regulations (which may be
framed by reference to the type of contravention, the circumstances in
which a contravention occurs or in any other way) and, where the
regulations so provide, they may make any such alternative provision
for notification as is authorised by section 78.”

(3) 30After section 87 insert—

“87A Power to prohibit use of devices etc: parking contraventions in
England

(1) The Secretary of State may by regulations make provision to prohibit
the use by civil enforcement officers of a device of a description
35specified in the regulations, or of records produced by such a device, in
connection with the enforcement of parking contraventions on a road
in a civil enforcement area in England.

(2) The prohibition may be—

(a) general, or

(b) 40limited to particular uses specified in the regulations.

(3) The regulations may provide that a general or limited prohibition does
not apply in circumstances specified in the regulations (which may be

framed by reference to the type of contravention, the circumstances in
which a contravention occurs or in any other way).

(4) Regulations under this section may amend this Part or any provision
made under it.”

39 5Removal of restriction on investigation of tramway accidents in Scotland by
RAIB

(1) The Railways and Transport Safety Act 2003 is amended as follows.

(2) In section 14 (extent of Part 1: investigation of railway accidents by Rail
Accident Investigation Branch), omit subsection (2) (which prevents the Part
10from applying to tramways in Scotland).

(3) In consequence of subsection (2), omit section 1(3).

40 Removal of duty to order re-hearing of marine accident investigations

In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing
of investigation into marine accident and duty to do so in certain cases)—

(a) 15omit paragraph (a) (duty to order re-hearing where new and important
evidence discovered), and the “or” following it;

(b) in paragraph (b), omit “other”.

Communications

41 Repeal of power to make provision for blocking injunctions

20In the Digital Economy Act 2010, omit sections 17 and 18 (which confer power
on the Secretary of State to make regulations about the granting by courts of
injunctions requiring the blocking of websites that infringe copyright).

The environment etc

42 Reduction of duties relating to energy and climate change

(1) 25In the Climate Change and Sustainable Energy Act 2006, omit the following—

(a) section 3 (which imposes a duty on local authorities to have regard to
energy measure reports published by the Secretary of State);

(b) sections 4 and 5 (which confer functions on the Secretary of State with
respect to the setting of national targets for microgeneration etc);

(c) 30sections 7(1) to (6) and 8 (which confer functions on the Secretary of
State for the purpose of increasing the sale of electricity generated by
microgeneration);

(d) section 10 (which confers functions on the Secretary of State with
respect to the review of development orders to facilitate the installation
35in dwelling-houses of equipment etc for microgeneration);

(e) section 12 (which is spent);

(f) section 21 (which imposes a duty on the Secretary of State with respect
to promoting the use of heat produced from renewable sources).

(2) Section 14 of that Act (which confers functions on the Secretary of State and
Welsh Ministers with respect to the laying of reports before Parliament or (as
the case may be) the National Assembly for Wales about steps taken to secure
greater compliance with building regulations made for energy conservation
5related purposes etc) ceases to apply in relation to England.

(3) In consequence of subsection (1)—

(a) in the Taxation of Chargeable Gains Act 1992, in section 263AZA(2), for
the definition of “microgeneration system” substitute—

• “ “microgeneration system” means any plant (including
  10any equipment, apparatus or appliance) or system of
  plant for generating electricity or producing heat —

  (a)

  which, in generating electricity or (as the case
  may be) producing heat, relies wholly or mainly
  on a source of energy or a technology mentioned
  15in subsection (7) of section 82 of the Energy Act
  2004, and

  (b)

  whose capacity to generate electricity or (as the
  case may be) to produce heat does not exceed the
  capacity mentioned in subsection (8) of that
  20section,”;

(b) in the Income Tax (Trading and Other Income) Act 2005, in section
782A(2), for the definition of “microgeneration system” substitute—

• “ “microgeneration system” has the same meaning as in
  section 263AZA of the Taxation of Chargeable Gains Act
  251992.”

(4) In consequence of subsection (1)—

(a) in the Sustainable Energy Act 2003, omit section 1(1A)(bb);

(b) in the Climate Change Act 2008, omit section 81(3);

(c) in the Energy Act 2008, omit section 87(2).

(5) 30The repeal made by subsection (1)(c) does not affect the operation of section
33(1)(c) of the Utilities Act 2000 in relation to times after the repeal comes into
force; and, accordingly, modifications of standard conditions made under
section 7 of the Climate Change and Sustainable Energy Act 2006 before the
day on which the repeal comes into force continue to have effect on or after that
35day for the purposes of section 33(1) of that Act of 2000.

43 Household waste: de-criminalisation

(1) Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in
accordance with subsections (2) to (5).

(2) In section 46 (receptacles for household waste), in subsection (6) (offence of
40failing to comply with requirements relating to receptacles), after
“requirements imposed” insert “by a waste collection authority in Scotland or
Wales”.

(3) After section 46 insert—

“46A Written warnings and penalties for failure to comply with
45requirements relating to household waste receptacles: England

(1) This section applies where an authorised officer of a waste collection
authority in England is satisfied that—

(a) a person has failed without reasonable excuse to comply with a
requirement imposed by the authority under section 46(1),
(3)(c) or (d) or (4) (a “section 46 requirement”), and

(b) the person’s failure to comply—

(i) 5has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any
amenities of the locality.

(2) Where this section applies, the authorised officer may give a written
warning to the person.

(3) 10A written warning must—

(a) identify the section 46 requirement with which the person has
failed to comply,

(b) explain the nature of the failure to comply,

(c) explain how the failure to comply has had, or is or was likely to
15have, the effect described in subsection (1)(b),

(d) if the failure to comply is continuing, specify the period within
which the requirement must be complied with and explain the
consequences of the requirement not being complied with
within that period, and

(e) 20whether or not the failure to comply is continuing, explain the
consequences of the person subsequently failing to comply with
the same or a similar section 46 requirement.

(4) Where a written warning has been given in respect of a failure to
comply that is continuing, an authorised officer of the waste collection
25authority may require the person to whom the written warning was
given to pay a fixed penalty to the authority if satisfied that the person
has failed to comply with the section 46 requirement identified in the
warning within the period specified by virtue of subsection (3)(d).

(5) Where a person has been required to pay a fixed penalty under
30subsection (4) and that requirement has not been withdrawn on appeal,
an authorised officer of the authority may require the person to pay a
further fixed penalty to the authority if satisfied that the failure to
comply is still continuing at the end of a relevant period which falls
within the period of one year beginning with the day the written
35warning was given.

(6) For the purposes of subsection (5)—

(a) a “relevant period” is a period beginning with the day a final
notice is served on the person under section 46C(5) in respect of
the failure to comply that is continuing and ending with—

(i) 40where the person appeals against the requirement to
pay a fixed penalty imposed by the final notice, the day
on which the appeal that is the final appeal made by the
person against the requirement is dismissed or
withdrawn;

(ii) 45where the person does not appeal, the day on which the
period for appealing expires;

(b) there is no relevant period where the person appeals as
mentioned in paragraph (a)(i) and the requirement to pay the
fixed penalty is withdrawn on appeal.

(7) Where a written warning has been given, whether or not in respect of a
failure to comply that is continuing, an authorised officer of the waste
collection authority may require the person to whom the written
warning was given to pay a fixed penalty to the authority if satisfied
5that, within the period of one year beginning with the day the written
warning was given —

(a) the person has again failed without reasonable excuse to
comply with the section 46 requirement identified in the
warning and the person’s failure to comply has had, or is or was
10likely to have, the effect described in subsection (1)(b), or

(b) the person has failed without reasonable excuse to comply with
a section 46 requirement that is similar to the one identified in
the warning and the person’s failure to comply has had, or is or
was likely to have, the effect described in subsection (1)(b).

(8) 15An authorised officer may require a person to pay a fixed penalty under
subsection (5) or (7) each time that the authorised officer is satisfied of
the matters mentioned in the subsection.

(9) An authorised officer imposing a requirement to pay a fixed penalty
under subsection (4), (5) or (7) must act in accordance with section 46C.

(10) 20A “fixed penalty” means a monetary penalty of an amount determined
in accordance with section 46B.

(11) An “authorised officer”, in relation to a waste collection authority,
means—

(a) an employee of the authority who is authorised in writing by
25the authority for the purpose of giving written warnings and
requiring payment of fixed penalties under this section;

(b) any person who, under arrangements made with the authority,
has the function of giving such warnings and requiring such
payments and is authorised in writing by the authority to
30perform that function;

(c) any employee of such a person who is authorised in writing by
the authority for the purpose of giving such warnings and
requiring such payments.

46B Amount of penalty under section 46A and recovery of penalty

(1) 35The amount of the monetary penalty that a person may be required to
pay to a waste collection authority under section 46A is—

(a) the amount specified by the waste collection authority in
relation to the authority’s area, or

(b) if no amount is so specified, £60.

(2) 40A waste collection authority may make provision for treating a fixed
penalty under section 46A as having been paid if a lesser amount is
paid before the end of a period specified by the authority.

(3) The Secretary of State may by regulations make provision in connection
with the powers conferred on waste collection authorities in England
45under subsections (1)(a) and (2).

(4) Regulations under subsection (3) may (in particular)—

(a) require an amount specified under subsection (1)(a) to fall
within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a
waste collection authority may make provision under
subsection (2).

(5) The Secretary of State may by order substitute a different amount for
5the amount for the time being specified in subsection (1)(b).

(6) A fixed penalty under section 46A—

(a) is recoverable summarily as a civil debt;

(b) is recoverable as if it were payable under an order of the High
Court or the county court, if the court in question so orders.

46C 10Penalties under section 46A: procedure regarding notices of intent and
final notices

(1) Before requiring a person to pay a fixed penalty under section 46A, an
authorised officer must serve on the person notice of intention to do so
(a “notice of intent”) in accordance with subsections (2) to (4).

(2) 15A notice of intent must contain information about—

(a) the grounds for proposing to require payment of a fixed
penalty,

(b) the amount of the penalty that the person would be required to
pay, and

(c) 20the right to make representations under subsection (3).

(3) A person on whom a notice of intent is served may make
representations to the authorised officer as to why payment of a fixed
penalty should not be required.

(4) Representations under subsection (3) must be made within the period
25of 28 days beginning with the day service of the notice of intent is
effected.

(5) In order to require a person to pay a fixed penalty under section 46A,
an authorised officer must serve on the person a further notice (the
“final notice”) in accordance with subsections (6) to (8).

(6) 30A final notice may not be served on a person by an authorised officer
before the expiry of the period of 28 days beginning with the day
service of the notice of intent on the person was effected.

(7) Before serving a final notice on a person, an authorised officer must
consider any representations made by the person under subsection (3).

(8) 35The final notice must contain information about—

(a) the grounds for requiring payment of a fixed penalty,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment is required to be made (which
40must not be less than the period of 28 days beginning with the
day service of the final notice is effected),

(e) any provision giving a discount for early payment made by
virtue of section 46B(2),

(f) the right to appeal under section 46D, and

(g) 45the consequences of not paying the penalty.

46D Appeals against penalties under section 46A

(1) A person on whom a final notice is served under section 46C may
appeal to the First-tier Tribunal against the decision to require payment
of a fixed penalty.

(2) 5On an appeal under this section the First-tier Tribunal may withdraw
or confirm the requirement to pay the fixed penalty.

(3) The requirement to pay the fixed penalty is suspended pending the
determination or withdrawal of the appeal that is the final appeal made
by the person against the decision to require payment of the penalty.

10(This is subject to subsection (4).)

(This is subject to subsection (4).)

(4) Where the requirement to pay the fixed penalty is confirmed at any
stage in the proceedings on appeal, payment must be made before the
end of the period of 28 days beginning with the day on which the
15requirement is so confirmed unless the person makes a further appeal
before the end of that period.

(5) The reference in subsection (4) to the requirement to pay the fixed
penalty being confirmed on appeal includes a reference to an appeal
decision confirming the requirement to pay the fixed penalty being
20upheld on a further appeal.”

(4) In consequence of subsection (2), in section 47ZB(2)(b) (amount of fixed
penalty for offence)—

(a) omit sub-paragraph (i), and the “and” following it;

(b) in sub-paragraph (ii), omit “in any other case,”.

(5) 25In section 73A (use of fixed penalty receipts), in subsection (2) (power for waste
collection authority to use fixed penalty receipts for purposes of its functions
under Part 2 and other functions specified in regulations), after “34A” insert “,
46A”.

(6) Schedule 11 makes amendments to the London Local Authorities Act 2007 that
30correspond to those made by subsection (3).

44 Other measures relating to animals, food and the environment

Schedule 12 makes provision about the following matters—

(a) destructive imported animals;

(b) the Farriers Registration Council;

(c) 35joint waste authorities;

(d) air quality assessments;

(e) noise abatement zones.

Regulation of child trust funds

45 Management of child trust funds: looked after children

(1) 40The Child Trust Funds Act 2004 is amended as follows.

(2) In section 3 (requirements to be satisfied in relation to child trust funds), in
subsection (10) (which provides for the making of regulations authorising the
Official Solicitor or, in Scotland, the Accountant of Court to manage child trust

funds) for the words from “is to be” to the end of the subsection substitute “is
to be a person appointed by the Treasury or by the Secretary of State.”

(3) In that section, after subsection (11) insert—

“(11A) Regulations under subsection (10) may provide that, where the terms
5on which a person is appointed by the Treasury or by the Secretary of
State include provision for payment to the person, the payment must be
made by a government department specified in the regulations (instead
of by the person making the appointment).

(11B) Regulations may provide that, where a person authorised to manage a
10child trust fund by virtue of subsection (10) ceases to be so authorised,
the person must provide any information held by that person in
connection with the management of the fund to the person (if any) who
becomes authorised by virtue of that subsection to manage the trust
fund instead.”

(4) 15In section 16 (information about children in care of authority), in subsection
(1)—

(a) at the end of paragraph (a) (before “, or”), insert “or by a person
appointed under regulations under section 3(10)”;

(b) in paragraph (b), before “any information” insert “or to such a person”;

(c) 20in the words following paragraph (b), before “may require” insert “or
(as the case may be) the person”.

46 Management of child trust funds: children 16 or over

(1) Section 3 of the Child Trust Funds Act 2004 (requirements to be satisfied) is
amended as follows.

(2) 25In subsection (6), for paragraphs (a) and (b) substitute—

“(a) if the child is 16 or over and has elected to manage the child
trust fund, is the child;

(b) in any other case, is the person who has that authority by virtue
of subsection (7) (but subject to subsection (10)).”

(3) 30In subsection (8), omit “under 16” (where it first occurs).

(4) In subsection (10), omit “under 16”.

47 Child trust funds: transfers

(1) The Child Trust Funds Act 2004 is amended as follows.

(2) After section 7 insert—

“7A 35Transfers to other accounts for children

(1) Regulations may make provision requiring an account provider, at the
request of a person who has the authority to manage a child trust fund,
to—

(a) transfer all the investments under the fund, or an amount
40representing their value in cash, to a protected child account
that is provided by a person chosen by the person making the
request, and

(b) when all the investments have been transferred, close the child
trust fund.

(2) An account is a protected child account if—

(a) there is relief from income tax and capital gains tax in respect of
5investments under it,

(b) it may be held only by a child, and

(c) it satisfies any other conditions prescribed in regulations under
this section.”

(3) After section 7A (as inserted by subsection (2)) insert—

“7B 10Transfers on child reaching 18

(1) Regulations may make provision requiring an account provider to
transfer all the investments under a child trust fund held by a person
immediately before his or her 18th birthday to a protected account of a
description prescribed in the regulations.

(2) 15Regulations under subsection (1) must include provision that the
requirement does not apply if the person gives instructions, in
accordance with the regulations, to the account provider as to what is
to be done with the investments.

(3) An account is a protected account if—

(a) 20there is relief from income tax and capital gains tax in respect of
investments under it, and

(b) it satisfies any other conditions prescribed in regulations under
this section.”

(4) In section 3 (requirements to be satisfied), in subsection (4)(d), after
25“regulations” insert “under this section or any other provision of this Act”.

(5) In section 20 (penalties), in subsection (7)(b), after “7” insert “, 7A, 7B”.

48 Child trust funds: safeguards for children’s interests

After section 7B of the Child Trust Funds Act 2004 (as inserted by section 47)
insert—

30“Powers to safeguard interests of children

7C Powers to safeguard interests of children

(1) The Treasury may make regulations under this section if the Treasury
think it appropriate to do so for the purpose of safeguarding the
financial interests of children, or any group of children, who hold child
35trust funds.

(2) The regulations may authorise the Treasury to permit withdrawals
from—

(a) any child trust funds;

(b) any child trust funds held with an account provider that is
40prescribed, or of a description prescribed, in the regulations.

(3) The regulations may authorise the Treasury to require any account
provider or any account provider that is prescribed, or of a description

prescribed, in the regulations to take one or more of the following steps
in relation to every child trust fund held with it—

(a) to seek to transfer the fund to another account provider;

(b) to seek to transfer all the investments under the fund to a
5protected child account that can be used for investments of that
kind and is provided by a person chosen by the account
provider;

(c) to seek to transfer an amount in cash representing the value of
all the investments under the fund (whether consisting of cash
10or stocks and shares) to a protected child account that can be
used for investments in cash and is provided by a person chosen
by the account provider;

(d) to transfer an amount in cash representing the value of all the
investments under the fund (whether consisting of cash or
15stocks and shares) to a protected child account that can be used
for investments in cash and is provided by a person specified by
the Treasury.

(4) The regulations may provide—

(a) that child trust funds held with an account provider that is
20prescribed, or of a description prescribed, in the regulations are
to be treated for all purposes as if they were protected child
accounts of a description so prescribed;

(b) that, where child trust funds are (under the regulations) to be
treated as protected child accounts of a particular description,
25the account provider is to be treated, for such purposes as may
be prescribed in the regulations, as a person who lawfully
provides protected child accounts of that description.

(5) If the regulations authorise the Treasury to require that one or more of
the steps mentioned in subsection (3)(b) to (d) be taken, the regulations
30may also authorise the Treasury to require an account provider who, in
pursuance of such a requirement, transfers all the investments under a
child trust fund, or an amount representing the value of all the
investments, to close the child trust fund.

(6) If the regulations authorise the Treasury to require an account provider
35to take more than one of the steps mentioned in subsection (3), the
regulations must also—

(a) authorise the Treasury to specify the order in which the steps
are to be taken, and

(b) provide that if (as a result of complying with a requirement to
40take a particular step) an account holder no longer holds
investments under any child trust fund, any requirement
imposed on that provider to take another step lapses.

(7) The Treasury is not liable in respect of —

(a) the selection by an account provider of a person to whom to
45make a transfer in response to a requirement of a kind
mentioned in subsection (3)(a) to (c), or

(b) a decision made by it as to the person to be specified in a
requirement of a kind mentioned in subsection (3)(d).

(8) In this section, “protected child account” means an account which is a
50protected child account for the purposes of section 7A.”