Deregulation Bill (HL Bill 33)

(5) After subsection (4) insert—

“(4A) The offences specified in this subsection are—

(a) an offence under section 1 of the Child Abduction Act 1984
(abduction of child by parent);

(b) 5an offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation), where the offence is committed against a child;

(c) an offence under section 4(3) of the Misuse of Drugs Act 1971
where the offence is committed by—

(i) 10supplying or offering to supply a Class A drug to a
child,

(ii) being concerned in the supplying of such a drug to a
child, or

(iii) being concerned in the making to a child of an offer to
15supply such a drug;

(d) an offence of aiding, abetting, counselling, procuring or inciting
the commission of an offence specified in this subsection;

(e) an offence of conspiring to commit an offence so specified;

(f) an offence of attempting to commit an offence so specified.”

(6) 20Omit subsection (5).

(7) In subsection (6), after “In this section” insert “—

• child” means a person under 18;”.

66 Removal of requirement that prison closures be made by order

(1) The Prison Act 1952 is amended as follows.

(2) 25In section 37 (closing of prisons)—

(a) in subsection (1)—

(i) omit “Subject to the next following subsection,”;

(ii) omit “by order”;

(b) omit subsections (2) and (3).

(3) 30In section 43 (remand centres and young offender institutions)—

(a) in subsection (5), for “sections 28 and 37(2)” substitute “section 28”;

(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “and 28”.

(4) In section 52 (exercise of power to make orders, rules and regulations)—

(a) in subsection (1), omit “, 37”;

(b) 35in subsection (2), omit “or an order made under section thirty-seven of
this Act,”.

67 Power of HMRC to disclose information for purposes of certain litigation

(1) The Commissioners for Her Majesty’s Revenue and Customs may disclose
information held by them—

(a) 40to a person who is entitled to bring proceedings under the fatal
accidents legislation or for whose benefit such proceedings may be
brought, for use in connection with the proceedings or in reaching a
settlement without the need to bring proceedings;

(b) to a person who is entitled to bring proceedings for damages for
personal injury for the benefit of the estate of a deceased person, for use
in connection with the proceedings or in reaching a settlement without
the need to bring proceedings;

(c) 5to a person who has made or who wishes to make an application for a
payment under the Diffuse Mesothelioma Payment Scheme on the
basis that he or she is eligible for such a payment under section 3 of the
Mesothelioma Act 2014 (eligibility of dependants for payments under
the Scheme), for use in connection with the application.

(2) 10“The fatal accidents legislation” means—

(a) the Fatal Accidents Act 1976;

(b) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251S.I. 1977/1251 (N.I.
18));

(c) section 4 of the Damages (Scotland) Act 2011.

15Other measures to reduce burdens on public authorities

68 Poisons and explosives precursors

Schedule 18 introduces a common system for regulating the possession etc of
non-medicinal poisons and explosives precursors.

69 London street trading appeals: removal of role of Secretary of State in appeals

(1) 20The London Local Authorities Act 1990 is amended in accordance with
subsections (2) and (3).

(2) After section 30 insert—

“30A Other Part III appeals

(1) Any person aggrieved—

(a) 25by a resolution rescinding or varying a designating resolution;

(b) by a resolution under subsection (1)(b) of section 24
(Designation of licence streets) of this Act;

(c) by a standard condition prescribed by regulations under
subsection (3) of section 27 (Conditions of street trading
30licences) of this Act; or

(d) by the amount of a fee or charge under section 32 (Fees and
charges) of this Act;

may appeal to a magistrates’ court acting for the area of the borough
council which passed the resolution, prescribed the condition or
35determined the amount of the fee or charge (as the case may be).

(2) An appeal under subsection (1) may be brought—

(a) in the case of an appeal under paragraph (a) or (b) of that
subsection, at any time before the expiration of the period of
three months beginning with the date on which notice of the
40passing of the resolution is published for the second time in
accordance with subsection (10) of section 24 (Designation of
licence streets) of this Act;

(b) in the case of an appeal under paragraph (c) of that subsection,
at any time before the expiration of the period of three months

beginning with the date upon which the licence holders or a
body or bodies representative of them were notified of the
making of the regulations;

(c) in the case of an appeal under paragraph (d) of that
5subsection—

(i) if it relates to the amount of a fee payable under
subsection (1) of section 32 (Fees and charges) of this
Act, at any time before the expiration of the period of
three months beginning with the date on which the fee
10payable is notified to the licence holders or a body or
bodies representative of them;

(ii) if it relates to the amount of a charge under subsection
(2) of section 32 (Fees and charges) of this Act, at any
time before the expiration of the period of three months
15beginning with the date on which notice of the
determination of the charge has been given to the licence
holders or a body or bodies representative of them.

(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the borough council specifying
20the matter about which the person is aggrieved and the grounds upon
which the appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(3) In section 30—

(a) 25omit subsections (11) and (12);

(b) in the sidenote, after “Part III appeals” insert “: refusal to grant a licence
etc.”.

(4) Section 19 of the City of Westminster Act 1999 is amended as follows.

(5) In subsection (1), for the words from “the Secretary of State” to the end of the
30subsection substitute “a magistrates’ court acting for the area of the council”.

(6) After subsection (2) insert—

“(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the council specifying the matter
about which the person is aggrieved and the grounds upon which the
35appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(7) For the sidenote substitute “Appeals to a magistrates’ court”.

70 Gangmasters (Licensing) Act 2004: enforcement

40In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and
compliance officers) after subsection (6) insert—

“(7) This section does not prevent the Secretary of State from making
arrangements for ensuring that functions relating to the institution or
conduct of proceedings in England and Wales for an offence under this
45Act are carried out by the Director of Public Prosecutions and,

accordingly, the terms of appointments under subsection (1), or
arrangements under subsection (2), may include provision, or be
modified so as to include provision, for enforcement officers not to
carry out such functions at any time when they are being carried out by
5the Director.”

71 Reduction in regulation of providers of social work services

(1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act
to apply to a provider of social work services as it applies to an agency to which
that Act applies).

(2) 10In consequence of subsection (1)—

(a) in that Act, omit—

(i) section 5(1A)(f), and the “and” before it;

(ii) section 121(4A);

(b) in the Children and Young Persons Act 2008, omit section 4.

72 15Electoral Commission: changes to facilitate efficient administration

(1) Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the
Electoral Commission) is amended as follows.

(2) Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4).

(3) In sub-paragraph (1), after “paragraph 14” insert “in respect of the first
20financial year to begin after the day on which Parliament meets for the first
time following a parliamentary general election,”.

(4) After that sub-paragraph insert—

“(1A) The Speaker’s Committee may require the Commission to submit a
plan under sub-paragraph (1) when the Commission submit such an
25estimate as is mentioned in paragraph 14 in respect of a financial year
other than one mentioned in that sub-paragraph.”

(5) In paragraph 16 (annual examination of Commission by Comptroller and
Auditor General), in sub-paragraph (1)—

(a) after “paragraphs 14 and 15” insert “in respect of any year when both
30an estimate under paragraph 14 and a five-year plan under paragraph
15 are submitted to them,”;

(b) for “in each year” substitute “before the Committee consider the
estimate and plan”.

(6) In the cross-heading preceding paragraph 16, for “Annual examination”
35substitute “Examination”.

73 LGBC for England: changes to facilitate efficient administration

(1) Schedule 1 to the Local Democracy, Economic Development and Construction
Act 2009 (Local Government Boundary Commission for England) is amended
as follows.

(2) 40In paragraph 5 (committees), for sub-paragraph (3) substitute—

“(3) A committee established under this paragraph to review the
economy, efficiency or effectiveness with which the Commission has

used its resources, or any sub-committee of such a committee, may
include up to two people who are not also members of the
Commission (“independent members”).

(4) The Commission may not appoint as an independent member
5anyone who would be ineligible for appointment as a member of the
Commission because of paragraph 1(3).

(5) An independent member must be appointed on such terms and
conditions, including terms and conditions as to remuneration, as
the Commission may determine.

(6) 10Except as provided by sub-paragraph (3), only a member of the
Commission may be a member of one of its committees or sub-
committees.”

(3) Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5).

(4) In sub-paragraph (1), after “paragraph 11” insert “in respect of the first
15financial year to begin after the day on which Parliament meets for the first
time following a parliamentary general election”.

(5) After that sub-paragraph insert—

“(1A) The Speaker’s Committee may require the Commission to submit a
plan under sub-paragraph (1) when the Commission submits such
20an estimate as is mentioned in paragraph 11 in respect of a financial
year other than one mentioned in that sub-paragraph.”

(6) In paragraph 13 (annual examination by Comptroller and Auditor General), in
sub-paragraph (1)—

(a) for “For the purposes of paragraphs 11 and 12” substitute “For the
25purpose of assisting the Speaker’s Committee to discharge their
functions under paragraphs 11 and 12 in respect of any year when both
an estimate under paragraph 11 and a five-year plan under paragraph
12 are submitted to them,”;

(b) for “in each year” substitute “before the Committee consider the
30estimate and plan”.

(7) In the cross-heading preceding paragraph 13, for “Annual examination”
substitute “Examination”.

74 Access to registers kept by Gas and Electricity Markets Authority

(1) Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas
35supply) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(3) For subsection (4) substitute—

“(4) The contents of the register must be shown on the Authority’s website.”

(4) 40In consequence of the amendment made by subsection (3) of this section, in
subsection (5), for “so made” substitute “made by the Secretary of State”.

(5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that
Act: electricity supply) is amended in accordance with subsections (6) to (8).

(6) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(7) For subsection (5) substitute—

“(5) The contents of the register must be shown on the Authority’s website.”

(8) 5In consequence of the amendment made by subsection (7) of this section, in
subsection (6), for “so made” substitute “made by the Secretary of State”.

75 Repeal of duty to prepare sustainable community strategy

(1) In the Local Government Act 2000, omit section 4 (which requires local
authorities in England to prepare sustainable community strategies).

(2) 10In consequence of subsection (1), omit the following provisions—

(a) in that Act of 2000, section 4A;

(b) in the Planning and Compulsory Purchase Act 2004, section 19(2)(f)
and (g) and (7);

(c) in the Sustainable Communities Act 2007, section 7;

(d) 15in the Local Government and Public Involvement in Health Act 2007,
sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;

(e) in the Housing and Regeneration Act 2008, section 126;

(f) in the Child Poverty Act 2010, section 24;

(g) in the Equality Act 2010, section 1(4) and (5);

(h) 20in the Local Government (Wales) Measure 2009, in Schedule 2,
paragraph 3.

76 Repeal of duties relating to local area agreements

(1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in
Health Act 2007—

(a) 25omit sections 105 to 113 (which impose duties on local authorities in
England to make local area agreements specifying local improvement
targets if so directed by the Secretary of State);

(b) in section 117—

(i) omit the definitions of “designated target”, “local area
30agreement”, “local improvement target” and “revision
proposal”;

(ii) in the definition of “responsible local authority” omit the words
from “and “the responsible local authority”, in relation to a local
area agreement” to the end of the definition;

(c) 35omit section 118(1) and (2) (which make transitional provision in
relation to local area agreements).

(2) In consequence of subsection (1), in the heading of the Chapter, omit “Local
Area Agreements and”.

77 Repeal of provisions relating to multi-area agreements

(1) 40Omit Part 7 of the Local Democracy, Economic Development and Construction
Act 2009 (which makes provision for the approval by the Secretary of State of
multi-area agreements prepared by local authorities in England and for the
effect of such approval etc).

(2) In consequence of subsection (1)—

(a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 377;

(b) in the Education Act 2011, in Schedule 16, omit paragraph 45;

(c) 5in the Health and Social Care Act 2012, in Schedule 5, omit paragraph
172.

78 Repeal of duties relating to consultation or involvement

(1) In the Local Government Act 1999, omit section 3A (which makes provision for
best value authorities to involve local representatives in the exercise of their
10functions).

(2) In consequence of subsection (1)—

(a) in the Local Government and Public Involvement in Health Act 2007,
omit section 138;

(b) in the Local Government Act 1999, omit “3A,”;

(c) 15in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 243.

(3) Schedule 19 makes provision for disapplying certain other requirements about
consultation etc imposed on public bodies.

Legislative reform

79 20Power to spell out dates described in legislation

(1) A Minister of the Crown may by order made by statutory instrument—

(a) replace a reference in legislation to the commencement of a provision
with a reference to the actual date on which the provision comes into
force;

(b) 25replace a reference in legislation to the date on which any other event
occurs with a reference to the actual date on which that event occurs.

(2) An order under subsection (1) may amend the legislation to include an
explanation of the date and may make other consequential amendments to
legislation.

(3) 30An order under this section may not amend subordinate legislation made by
the Welsh Ministers or by the National Assembly for Wales constituted by the
Government of Wales Act 1998.

(4) An order under this section may not amend provision that would be within the
legislative competence of the Scottish Parliament if it were contained in an Act
35of that Parliament.

(5) An order under this section may not amend provision that would be within the
legislative competence of the Northern Ireland Assembly if it were contained
in an Act of that Assembly, unless—

(a) a Bill for an Act of that Assembly containing the provision would
40require the consent of the Secretary of State under section 8 of the
Northern Ireland Act 1998, and

(b) the provision does not affect, other than incidentally, a transferred
matter (within the meaning of that Act).

(6) In this section—

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “legislation” means an Act or subordinate legislation;

• 5“subordinate legislation” has the same meaning as in the Interpretation
  Act 1978.

80 Combining different forms of subordinate legislation

(1) Any provision that may be made by order, regulations or rules made by
statutory instrument may be made by any other of those forms of legislation
10made by statutory instrument.

(2) Subsection (1) does not affect the procedure for making the instrument.

(3) A reference in any enactment or other instrument to an order, regulations or
rules under an enactment (however expressed) includes a reference to
provision made under it because of subsection (1).

(4) 15Subsection (1) does not apply in relation to any power of the Welsh Ministers
to make provision by statutory instrument

81 Ambulatory references to international shipping instruments

After section 306 of the Merchant Shipping Act 1995 insert—

“306A 20 Power to make ambulatory references to international instruments

(1) This section applies where—

(a) a person has power under this Act to make subordinate
legislation, and

(b) the person proposes to exercise that power to make subordinate
25legislation which refers to an international instrument.

(2) The power may be exercised so as to have the effect that the reference
to the instrument is construed—

(a) as a reference to the instrument as modified from time to time;

(b) if the instrument is replaced by another instrument, as a
30reference to that other instrument.

(3) For the purposes of subsection (2)(a), an instrument is modified if—

(a) omissions, additions or other alterations to the text of the
instrument take effect, or

(b) supplementary provision made under the instrument takes
35effect.

(4) In this section, provision included in subordinate legislation by virtue
of subsection (2) is referred to as ambulatory provision.

(5) Subordinate legislation which makes ambulatory provision may make
provision as to—

(a) 40when a modification of an international instrument is to be
treated as taking effect for the purposes of subsection (2)(a)
(read with subsection (3));

(b) when an international instrument is to be treated as having been
replaced by another instrument for the purposes of subsection
(2)(b).

(6) In this section—

(a) 5“international instrument” means an international convention
or treaty or an instrument made under such a convention or
treaty except that “international instrument” does not include
an EU instrument;

(b) “subordinate legislation” has the same meaning as in the
10Interpretation Act 1978.”

Legislation no longer of practical use

82 Legislation no longer of practical use

Schedule 20 makes provision for legislation which is no longer of practical use
to cease to apply.

15Exercise of regulatory functions

83 Exercise of regulatory functions: economic growth

(1) A person exercising a regulatory function to which this section applies must,
in the exercise of the function, have regard to the desirability of promoting
economic growth.

(2) 20In performing the duty under subsection (1), the person must, in particular,
consider the importance for the promotion of economic growth of exercising
the regulatory function in a way which ensures that—

(a) regulatory action is taken only when it is needed, and

(b) any action taken is proportionate.

84 25Functions to which section 83 applies

(1) A Minister of the Crown may by order specify the regulatory functions to
which section 83 applies.

(2) Before making an order under subsection (1), the Minister must consult—

(a) any person exercising functions to be specified in the order, and

(b) 30such other persons as the Minister considers appropriate.

(3) An order under this section may not specify—

(a) a regulatory function so far as exercisable in Scotland, if or to the extent
that the function relates to matters which are not reserved matters;

(b) a regulatory function so far as exercisable in Northern Ireland, if or to
35the extent that the function relates to matters which are transferred
matters;

(c) a regulatory function so far as exercisable in Wales, if or to the extent
that the function relates to matters which are devolved Welsh matters.

(4) An order under this section must be made by statutory instrument.

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

(6) In this section—

• 5“devolved Welsh matter” means a matter within the legislative
  competence of the National Assembly for Wales;

• “reserved matter” and “Scotland” have the same meanings as in the
  Scotland Act 1998;

• “transferred matter” and “Northern Ireland” have the same meanings as
  10in the Northern Ireland Act 1998;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

85 Guidance on duty under section 83

(1) A Minister of the Crown may from time to time issue guidance as to the
performance of the duty under section 83(1).

(2) 15The guidance may include guidance—

(a) as to the ways in which regulatory functions may be exercised so as to
promote economic growth;

(b) as to how persons who have the duty may demonstrate, in a way that
is transparent and accountable, that they are complying with it.

(3) 20A person who has a duty under section 83(1) must have regard to any guidance
issued under subsection (1).

(4) Before issuing guidance under subsection (1), the Minister must prepare a draft
of the guidance.

(5) The Minister must then consult the following about the draft—

(a) 25persons who appear to be representative of persons who have a duty
under section 83;

(b) such other persons as the Minister considers appropriate.

(6) If the Minister decides to proceed with issuing the guidance (either in its
original form or with modifications), the Minister must lay the draft before
30Parliament.

(7) Where the draft is approved by a resolution of each House of Parliament, the
Minister may issue the guidance.

(8) Guidance issued under subsection (1) is to come into force on such date as the
Minister may by order made by statutory instrument appoint.

86 35Sections 83 to 85: interpretation

(1) In sections 83 to 85, “regulatory function” means—

(a) a function under or by virtue of an Act or subordinate legislation of
imposing requirements, restrictions or conditions, or setting standards
or giving guidance, in relation to an activity, or

(b) 40a function which relates to the securing of compliance with, or the
enforcement of, requirements, restrictions, conditions, standards or
guidance which, under or by virtue of an Act or subordinate legislation,
relate to an activity.