Deregulation Bill (HL Bill 33)

Education and training

49 Abolition of office of Chief Executive of Skills Funding

(1) The office of the Chief Executive of Skills Funding (established by Part 4 of the
Apprenticeships, Skills, Children and Learning Act 2009) is abolished.

(2) 5The property, rights and liabilities of the Chief Executive of Skills Funding are
transferred to the Secretary of State.

(3) Schedule 13 makes amendments to Part 4 of the Apprenticeships, Skills,
Children and Learning Act 2009 in consequence of the abolition of the office of
the Chief Executive of Skills Funding.

50 10Further and higher education sectors: reduction of burdens

Schedule 14 makes provision for the reduction of burdens in the further and
higher education sectors.

51 Schools: reduction of burdens

(1) Section 19 of the Education Act 1997 (which confers power on the Secretary of
15State and Welsh Ministers to make regulations requiring governing bodies of
maintained schools to set school performance targets) ceases to have effect in
relation to schools in England.

(2) Accordingly, in subsection (1) of that section—

(a) for “The Secretary of State” substitute “The Welsh Ministers”;

(b) 20for “the Secretary of State considers” substitute “the Welsh Ministers
consider”;

(c) after “maintained schools” insert “in Wales”.

(3) Omit section 102 of the Education Act 2005 (which confers power on the
Secretary of State to make regulations requiring local authorities in England to
25set annual targets in respect of educational performance at schools maintained
by them etc).

(4) In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.

(5) Schedule 15 makes further provision for the reduction of burdens relating to
schools in England.

30Alcohol and entertainment

52 Sale of alcohol: community events etc and ancillary business sales

(1) In section 2 of the Licensing Act 2003 (authorisation for licensable activities
etc), after subsection (1) insert—

“(1A) The licensable activity of selling alcohol by retail may be carried on if
35each sale is a permitted sale by virtue of Part 5A.”

(2) After Part 5 of that Act, insert the Part set out in Schedule 16 to this Act.

(3) In section 136 of that Act (unauthorised licensable activities), at the end of

subsection (5) insert—

“In addition, for the purposes of this Part the licensable activity of
selling alcohol by retail is under and in accordance with an
authorisation if each sale is a permitted sale by virtue of Part 5A.”

(4) 5In section 140 of that Act (allowing disorderly conduct on licensed premises
etc)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert “, and

(e) in the case of premises specified in a Part 5A notice, to
10the person who gave the notice.”

(5) In section 141 of that Act (sale of alcohol to a person who is drunk)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert “, and

(e) in the case of premises specified in a Part 5A notice, to
15the person who gave the notice.”;

(c) in subsection (3), after “This section” insert “(except subsection (2)(e))”.

(6) In section 143 of that Act (failure to leave licensed premises etc)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert “, and

(e) 20in the case of premises specified in a Part 5A notice, to
the person who gave the notice.”

(7) In section 144 of that Act (keeping of smuggled goods)—

(a) omit the “and” before subsection (2)(d);

(b) after that paragraph insert “, and

(e) 25in the case of premises specified in a Part 5A notice, to
the person who gave the notice.”

(8) In section 147A of that Act (persistently selling alcohol to children)—

(a) in subsection (1)(b), for the words from “either” to “Part 5” substitute
“licensed premises, premises authorised to be used for a permitted
30temporary activity by virtue of Part 5 or premises specified in a Part 5A
notice”;

(b) in subsection (4), after paragraph (b) insert “or

(c) the person or one of the persons who gave a Part 5A
notice in respect of the premises.”

(9) 35In section 153 of that Act (prohibition of unsupervised sales by children)—

(a) omit the “and” before subsection (4)(c);

(b) after that paragraph insert “, and

(d) in relation to a sale by retail that is a permitted sale by
virtue of Part 5A—

(i) 40the person who gave the Part 5A notice, or

(ii) any individual aged 18 or over who is authorised
for the purposes of this section by that person.”

(10) In section 159 of that Act (interpretation of Part 7), at the end of the definition
of “relevant premises” insert “, or

• (d)

  45except in sections 145 and 152, premises that (by reason
  of being specified in a Part 5A notice) are premises on

  Deregulation BillPage 42

  which a sale by retail of alcohol is capable of being a
  permitted sale by virtue of Part 5A;”.

(11) In section 194 of that Act (index of defined expressions) insert the following
entries at the appropriate places—

(12) In section 197 of that Act (regulations and orders)—

(a) in subsection (3) (which lists exceptions to the use of the negative
10procedure), after paragraph (c) insert—

“(cza) regulations under section 110B(2), (3) or (7) or 110C(2),
(3), (5) or (6) (regulations relating to sales of alcohol
permitted by virtue of Part 5A),”;

(b) in subsection (4) (which specifies when the affirmative procedure is
15required)—

(i) after “or (g)” insert “or regulations within subsection (3)(cza)”;

(ii) after “the order” insert “or regulations”.

53 Temporary event notices: increase in maximum number of events per year

(1) In section 107 of the Licensing Act 2003 (counter notice where permitted limits
20exceeded), in subsection (4) (maximum number of events per year), for “12”
substitute “15”.

(2) The amendment made by this section has effect for the year 2016 and
subsequent years.

54 Personal licences: no requirement to renew

(1) 25In section 115 of the Licensing Act 2003 (period of validity of personal licence),
in subsection (1), for the words after “A personal licence” substitute “has effect
indefinitely.”

(2) The amendment made by subsection (1), and the consequential amendments
made by Schedule 17, apply in relation to—

(a) 30a personal licence granted under section 120 of the Licensing Act 2003
on or after the day on which this section comes into force;

(b) a personal licence granted under section 120 of that Act before that day,
or renewed under section 121 of that Act before that day, for a period
expiring on or after that day.

(3) 35Accordingly, any term in a personal licence granted as mentioned in
subsection (2)(b) which provides for it to have effect only for a particular
period has no effect on or after the day on which this section comes into force.

55 Sale of liqueur confectionery to children under 16: abolition of offence

Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children
40under 16) is repealed.

56 Late night refreshment

(1) Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is
amended as follows.

(2) In paragraph 1(1) (definition of “provides late night refreshment”), in the
5words after paragraph (b), after “paragraph” insert “2A,”.

(3) After paragraph 2 insert—

“Exempt supplies: designated areas, descriptions of premises and times”

“2A (1) The supply of hot food or hot drink is an exempt supply for the
purposes of paragraph 1(1) if it takes place—

(a) 10on or from premises which are wholly situated in an area
designated by the relevant licensing authority;

(b) on or from premises which are of a description designated by
the relevant licensing authority; or

(c) during a period (beginning no earlier than 11.00 p.m. and
15ending no later than 5.00 a.m.) designated by the relevant
licensing authority.

(2) A licensing authority may designate a description of premises under
sub-paragraph (1)(b) only if the description is one that is prescribed
by regulations.

(3) 20A designation under sub-paragraph (1) may be varied or revoked by
the licensing authority that made it.

(4) A licensing authority that makes, varies or revokes a designation
under sub-paragraph (1) must publish the designation, variation or
revocation.

(5) 25In sub-paragraph (1) references to the “relevant licensing authority”,
in relation to a supply of hot food or hot drink, are references to—

(a) the licensing authority in whose area the premises on or from
which the food or drink is supplied are situated, or

(b) where those premises are situated in the areas of two or more
30licensing authorities, any of those authorities.”

57 Removal of requirement to report loss or theft of licence etc to police

In the Licensing Act 2003, omit the following provisions (which impose
requirements for the loss or theft of certain documents to be reported to the
police before copies may be issued)—

(a) 35in section 25 (premises licence or summary), subsection (3)(b), and the
“and” before it;

(b) in section 79 (club premises certificate or summary), subsection (3)(b),
and the “and” before it;

(c) in section 110 (temporary event notice), subsection (4)(b), and the “and”
40before it;

(d) in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and
the “and” before it.

58 Exhibition of films in community premises

In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
in Part 2 (exemptions), after paragraph 6 insert—

(1) The provision of entertainment consisting of the exhibition of a film
5at community premises is not to be regarded as the provision of
regulated entertainment for the purposes of this Act if the following
conditions are satisfied.

(2) The first condition is that prior written consent for the entertainment
to take place at the community premises has been obtained, by or on
10behalf of a person concerned in the organisation or management of
the entertainment—

(a) from the management committee of the community
premises, or

(b) where there is no management committee, from—

(i) 15a person who has control of the community premises
(as occupier or otherwise) in connection with the
carrying on by that person of a trade, business or
other undertaking (for profit or not), or

(ii) where there is no such person, an owner of the
20community premises.

(3) The second condition is that the entertainment is not provided with
a view to profit.

(4) The third condition is that the entertainment takes place in the
presence of an audience of no more than 500 persons.

(5) 25The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.

(6) The fifth condition is that the film classification body or the relevant
licensing authority has made a recommendation concerning the
admission of children to an exhibition of the film and—

(a) 30where a recommendation has been made only by the film
classification body, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that body;

(b) where a recommendation has been made only by the relevant
35licensing authority, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
recommendation of that authority;

(c) where recommendations have been made both by the film
classification body and the relevant licensing authority, the
40admission of children is subject to such restrictions (if any) as
are necessary to comply with the recommendation of the
relevant licensing authority.

(7) In sub-paragraph (6) the reference to the “relevant licensing
authority”, in relation to the exhibition of a film at particular
45community premises, is a reference to—

(a) the licensing authority in whose area the premises are
situated, or

(b) where the premises are situated in the areas of two or more
licensing authorities, those authorities or (as the context
5requires) such of those authorities as have made a
recommendation.

(8) In this paragraph—

• “children” and “film classification body” have the same
  meaning as in section 20;

• 10“owner”, in relation to community premises, means—

  (a)

  a person who is for the time being entitled to dispose
  of the fee simple in the premises, whether in
  possession or in reversion, or

  (b)

  a person who holds or is entitled to the rents and
  15profits of the premises under a lease which (when
  granted) was for a term of not less than 3 years.”

59 TV licensing: duty to review sanctions

(1) The Secretary of State must carry out a review of the sanctions that are
appropriate in respect of contraventions of section 363 of the Communications
20Act 2003 (licence required for installation or use of television receiving).

(2) A review under subsection (1) must—

(a) examine proposals for decriminalisation of offences under section 363
of the Communications Act 2003;

(b) begin before the end of the period of 3 months beginning with the day
25on which this Act is passed;

(c) be completed no later than 12 months after the day on which it begins;
and

(d) be laid before both Houses of Parliament by the Secretary of State on
completion and be presented to the BBC Trust.

60 30TV licensing: alternatives to criminal sanctions

(1) The Secretary of State may by regulations made by statutory instrument—

(a) replace the TV licensing offences with civil monetary penalties payable
to the BBC, or

(b) amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so
35as to enable an order to be made under section 36 of that Act conferring
power on the BBC to impose in relation to a TV licensing offence—

(i) a fixed monetary penalty (within the meaning of that Part);

(ii) a variable monetary penalty (within the meaning of that Part).

(2) Regulations under subsection (1)(a) may provide for the amount of a monetary
40penalty to be—

(a) a fixed amount specified in, or determined in accordance with, the
regulations, or

(b) such amount, not exceeding a maximum amount specified in the
regulations, as may be determined by a body so specified.

(3) 45Regulations under subsection (1)(a) must—

(a) make provision as to the steps that must be taken before a monetary
penalty is imposed;

(b) make provision conferring rights to appeal against the imposition of a
monetary penalty.

(4) 5Regulations under subsection (1)(a) may make provision corresponding to any
provision that could be included in an order under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early
payment discounts, late payment and enforcement).

(5) Regulations under subsection (1)(a) may—

(a) 10confer powers to obtain information for the purpose of determining
whether to impose a monetary penalty;

(b) confer powers of entry, search or seizure for that purpose.

(6) Regulations under subsection (1)(a) may repeal or otherwise amend any
provision of Part 4 of the Communications Act 2003.

(7) 15Any sums received by the BBC by virtue of regulations under this section must
be paid into the Consolidated Fund.

(8) Regulations under this section may include—

(a) consequential provision, or

(b) transitional, transitory or saving provision,

20and any such provision may be made by repealing, revoking or otherwise
amending or modifying legislation.

(9) Regulations under this section may make different provision for different
purposes or areas.

(10) A statutory instrument containing regulations under this section may not be
25made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.

(11) Unless the power conferred by subsection (1) is exercised before the end of the
period of 24 months beginning with the day on which the review required by
section 59 is completed, this section expires at the end of that period.

(12) 30“The TV licensing offences” are—

(a) the offence under section 363(2) of the Communications Act 2003
(installing or using a television receiver without a licence), and

(b) the offence under section 363(3) of that Act (having a receiver in a
person’s possession intending to install or use it without a licence etc).

(13) 35In this section—

• “the BBC” means the British Broadcasting Corporation;

• “legislation” means—

  (a)

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

  (b)

  40an Act of the Scottish Parliament or an instrument made under
  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales or an
  instrument made under a Measure or Act of that Assembly; and

  (d)

  Northern Ireland legislation or an instrument made under
  45Northern Ireland legislation.

Administration of justice

61 Repeal of Senior President of Tribunals’ duty to report on standards

In section 15A of the Social Security Act 1998 (functions of Senior President of
Tribunals), omit subsections (2) and (3) (which require the preparation and
5publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
First-tier Tribunal).

62 Criminal procedure: written witness statements

(1) Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
10amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for
“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.

(3) After subsection (2) insert—

“(2A) 15For the purposes of subsection (2)(d), “the relevant period” is—

(a) such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
20the copy of the statement.

(2A)(a)such number of days, which may not be less than seven, from
the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
25the copy of the statement.”

(4) Omit the following—

(a) subsections (3) and (3A) (which make provision about the content of
written statements etc);

(b) subsection (6) (which provides for written statements to be read aloud
30unless the court otherwise directs);

(c) subsection (8) (which deals with the service of documents).

(5) In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

“(2A) 35The statement is to be treated as properly served for the
purposes of section 9 of the Criminal Justice Act 1967 (proof
by written statement), even though the manner of service is
not authorised by Criminal Procedure Rules.”;

(b) in sub-paragraph (3)—

(i) 40omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “either of those sections” substitute
“that section”;

(c) after sub-paragraph (5) insert—

“(5A) If the alleged offender makes a request to be tried, section
459(2A) of the Criminal Justice Act 1967 (time for objection) is
to apply—

(a) with the substitution for the reference in paragraph
(a) to such number of days, which may not be less
than seven, from the service of the copy of the

statement of a reference to such number of days,
which may not be less than seven, beginning with the
day after the one on which the request to be tried was
made, and

(b) 5with the substitution for the reference in paragraph
(b) to seven days from the service of the copy of the
statement of a reference to seven days beginning with
the day after the one on which the request to be tried
was made.”;

(d) 10in sub-paragraph (6)—

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

(ii) in the closing words, for “are to apply” substitute “is to apply”.

(6) In consequence of subsection (4)—

(a) in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
15“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
(b)”;

(b) in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;

(c) in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
20paragraph 6(1);

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

63 Criminal procedure: written guilty pleas

(1) Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
plea of guilty) is amended as follows.

(2) 25In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) Rules of court may—

(a) specify which of paragraphs (a) to (d) of subsection (7) (if any)
30are to apply;

(b) provide that any such paragraph is to apply only in
circumstances specified in the rules.

(7ZB) Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”

64 35Criminal procedure: powers to make Criminal Procedure Rules

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—

(a) in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b) omit subsection (6A).

(2) 40In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
and issue of warrants in respect of excluded or special procedure material)—

(a) in paragraph 7, after “paragraph 4 above” insert “that relates to material
that consists of or includes journalistic material”;

(b) in paragraph 8, for “such an order” substitute “an order under
paragraph 4 above that relates to material that consists of or includes
5journalistic material”;

(c) in paragraph 9, for “Such a notice” substitute “Notice of an application
for an order under paragraph 4 above that relates to material that
consists of or includes journalistic material”;

(d) in paragraph 10, for “this Schedule” (in each place where it occurs)
10substitute “paragraph 8”;

(e) after paragraph 15 insert—

“Procedural rules

15A Criminal Procedure Rules may make provision about
proceedings under this Schedule, other than proceedings for
15an order under paragraph 4 above that relates to material that
consists of or includes journalistic material.”

(4) In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue
of warrants in respect of obtaining information in terrorist investigations:
England and Wales and Northern Ireland), in paragraph 11 (which deals with
20the issue of warrants in respect of excluded or special procedure material),
after sub-paragraph (4) insert—

“(5) Criminal Procedure Rules may make provision about proceedings
relating to a warrant under this paragraph.”

(5) In the Criminal Justice and Police Act 2001, in section 59 (applications for the
25return of seized property etc), after subsection (12) insert—

“(13) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge of the Crown Court in
England and Wales.”

(6) In the Proceeds of Crime Act 2002, in section 352 (applications for search and
30seizure warrants), after subsection (7) insert—

“(8) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge entitled to exercise the
jurisdiction of the Crown Court in England and Wales.”

65 “MAPPA arrangements” to cease to apply to certain offenders

(1) 35Section 327 of the Criminal Justice Act 2003 (which makes provision about the
offenders in respect of whom multi-agency public protection arrangements -
sometimes referred to as “MAPPA arrangements” - must be made) is amended
as follows.

(2) In subsection (1), for “subsections (2) to (5)” substitute “subsections (2) to (4)”.

(3) 40In subsection (3), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.

(4) In subsection (4), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.