Deregulation Bill (HL Bill 58)

Section 38

SCHEDULE 11 Enforcement of transport legislation

Part 1 Drink and drug driving offences

5Removal of “statutory option” to have breath specimen replaced: road and rail transport

1 (1) In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit
subsections (2), (2A), (3) and (4).

(2) The amendments in sub-paragraphs (3) to (5) are made in consequence of
sub-paragraph (1).

(3) 10In the Road Traffic Act 1988—

(a) for the heading of section 8 substitute “Breath specimen showing
higher alcohol level to be disregarded”;

(b) in section 8(1), omit “Subject to subsection (2) below,”;

(c) in section 195(3), omit “8(3),”;

(d) 15in section 195(4), omit “8(3),”;

(e) in section 195(4A), omit “8(3) or”.

(4) In the Serious Organised Crime and Police Act 2005, omit section 154(7).

(5) In the Scotland Act 2012, omit section 20(2) to (4).

2 (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of
20railways etc: offences involving drink or drugs), in section 32 (choice of
specimens of breath), omit subsections (2) to (4).

(2) In consequence of sub-paragraph (1), for the heading of that section
substitute “Breath specimen showing higher alcohol level to be
disregarded”.

25No need for preliminary breath test before evidential breath test: road transport

3 (1) The Road Traffic Act 1988 is amended as follows.

(2) In section 7 (provision of specimens for analysis), for subsection (2)
substitute—

“(2) A constable may make a requirement under this section to provide
30specimens of breath only if—

(a) the requirement is made at a police station or a hospital,

(b) the requirement is imposed in circumstances where section
6(5) of this Act applies, or

(c) the constable is in uniform.”

(3) 35Omit subsections (2A) and (2B).

(4) After subsection (2C) insert—

“(2CA) For the purposes of subsection (2C) “a relevant breath test” is a
procedure involving the provision by the person concerned of a
specimen of breath to be used for the purpose of obtaining an

indication whether the proportion of alcohol in his breath or blood is
likely to exceed the prescribed limit.”

(5) After subsection (5) insert—

“(5A) A constable may arrest a person without warrant if—

(a) 5the person fails to provide a specimen of breath when
required to do so in pursuance of this section, and

(b) the constable reasonably suspects that the person has alcohol
in his body.”

Removing restriction that evidential breath test must be taken at police station: rail transport

4 (1) 10In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of
railways etc: offences involving drink or drugs), section 31 (provision of
specimens for analysis) is amended as follows.

(2) For subsection (2) substitute—

“(2) A constable may make a requirement under this section to provide
15specimens of breath only if—

(a) the requirement is made at a police station or a hospital, or

(b) the constable is in uniform.”

(3) After subsection (7) insert—

“(7A) A constable may arrest a person without warrant if—

(a) 20the person fails to provide a specimen of breath when
required to do so in pursuance of this section, and

(b) the constable reasonably suspects that the person has alcohol
in his body.”

Health care professionals advising whether condition is due to drugs: road and rail transport

5 25In section 7 of the Road Traffic Act 1988 (provision of specimens for
analysis), in subsection (3)(c) (medical advice that person’s condition might
be due to drugs), after “advised by a medical practitioner” insert “or a
registered health care professional”.

6 In section 31 of the Transport and Works Act 1992 (provision of specimens
30for analysis)—

(a) in subsection (4)(c) (medical advice that person’s condition might be
due to drugs), after “advised by a medical practitioner” insert “or a
registered health care professional”;

(b) omit subsections (9A), (9B) and (9C).

35Further extension of role of health care professionals: road and rail transport

7 The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and
9.

8 (1) Section 7A (specimens of blood taken from persons incapable of consenting)
is amended as follows.

(2) 40In subsections (1) and (2)(a), for “a medical practitioner” substitute “a
medical or health care practitioner”.

(3) In subsection (2)(b), for “a medical practitioner other than a police medical
practitioner” substitute “a practitioner other than a police medical or health
care practitioner”.

(4) In subsection (2)(b)(i), for “to made to a police medical practitioner”
5substitute “to be made to a police medical or health care practitioner”.

(5) In subsection (2)(b)(ii), omit “medical”.

(6) In subsection (3), for “a medical practitioner” substitute “a medical or health
care practitioner”.

(7) For subsection (7) substitute—

“(7) 10In this section—

• “medical or health care practitioner” means a medical
  practitioner or a registered health care professional;

• “police medical or health care practitioner” means a medical
  practitioner, or a registered health care professional, who is
  15engaged under any agreement to provide medical or health
  care services for purposes connected with the activities of a
  police force.”

9 In section 11 (interpretation), in subsection (4) (providing a specimen of
blood), omit “by a medical practitioner or, if it is taken in a police station,”.

10 20In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic
Offenders Act 1988 (use of specimens in proceedings for certain offences
under the Road Traffic Act), in subsection (4) (circumstances in which
specimen of blood is to be disregarded)—

(a) in paragraph (a), for the words from “and either” to the end of the
25paragraph substitute “by a medical practitioner or a registered health
care professional”;

(b) in paragraph (b), after “medical practitioner” insert “or a registered
health care professional”.

11 The Transport and Works Act 1992 is amended in accordance with
30paragraphs 12 and 13.

12 (1) Section 31A (specimens of blood taken from persons incapable of
consenting) is amended as follows.

(2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “a
medical or health care practitioner”.

(3) 35In subsection (2)(b), for “a medical practitioner other than a police medical
practitioner” substitute “a practitioner other than a police medical or health
care practitioner”.

(4) In subsection (2)(b)(i), for “to made to a police medical practitioner”
substitute “to be made to a police medical or health care practitioner”.

(5) 40In subsection (2)(b)(ii), omit “medical”.

(6) In subsection (3), for “a medical practitioner” substitute “a medical or health
care practitioner”.

(7) For subsection (7) substitute—

“(7) In this section—

Deregulation BillPage 163

• “medical or health care practitioner” means a medical
  practitioner or a registered health care professional;

• “police medical or health care practitioner” means a medical
  practitioner, or a registered health care professional, who is
  5engaged under any agreement to provide medical or health
  care services for purposes connected with the activities of a
  police force.”

13 In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a
specimen of blood), omit “by a medical practitioner or, if it is taken in a
10police station,”.

Application of Road Traffic Act provisions in shipping regime

14 (1) In Part 4 of the Railways and Transport Safety Act 2003 (shipping: alcohol
and drugs), section 83 (specimens, etc) is amended as follows.

(2) After subsection (1) (but before the table) insert—

“(1A) 15The references in the table to provisions of the Road Traffic Act 1988
or the Road Traffic Offenders Act 1988 are, subject to any contrary
intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) The table is amended as follows.

(4) 20In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third
column, at the end insert—

• “In section 6C, the following shall be disregarded—

  (a)

  in subsection (1)(b), the words following “in his
  body”;

  (b)

  25subsection (3).

• In section 6D, subsection (1)(b) shall be disregarded.”

(5) In the entry for section 7 of the Road Traffic Act 1988, in the third column—

(a) after the first sentence insert—

• “Subsection (1A) shall be disregarded.

• 30In subsection (2)(b), the reference to the circumstances in
  which section 6(5) of the 1988 Act applies shall be
  treated as a reference to the circumstances in which
  the following provision of this table applies:
  paragraph (c) of the modifications specified for
  35section 6 of the 1988 Act.”;

(b) in the last sentence, for “or 4” substitute “, 4 or 5A”.

(6) In the entry for section 8 of the Road Traffic Act 1988, in the second column,
for “Choice of specimen of breath” substitute “Breath specimen showing
higher alcohol level to be disregarded”.

(7) 40In the entry for section 10 of the Road Traffic Act 1988, in the third column—

(a) in paragraph (b), for “or 5” substitute “, 5 or 5A”;

(b) before the last sentence insert—

• “In subsection (2), paragraph (c) shall be disregarded.”

(8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third
45column—

(a) in the first sentence, for “section 3A, 4 or 5” substitute “any of
sections 3A to 5A”;

(b) after the first sentence insert—

• “Subsection (2)(b) shall be disregarded.”;

(c) 5after the last sentence insert—

• “Subsection (3A) shall be disregarded.”

15 In Schedule 22 to the Crime and Courts Act 2013 (drugs and driving: minor
and consequential amendments), omit paragraphs 8 and 14.

Application of Road Traffic Act provisions in aviation regime

16 (1) 10In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol
and drugs), section 96 (specimens, etc) is amended as follows.

(2) After subsection (1) (but before the table) insert—

“(1A) The references in the table to provisions of the Road Traffic Act 1988
or the Road Traffic Offenders Act 1988 are, subject to any contrary
15intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) The table is amended as follows.

(4) In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third
column, at the end insert—

• 20“In section 6C, the following shall be disregarded—

  (a)

  in subsection (1)(b), the words following “in his
  body”;

  (b)

  subsection (3).

• In section 6D, subsection (1)(b) shall be disregarded.”

(5) 25In the entry for section 7 of the Road Traffic Act 1988, in the third column—

(a) after the first sentence insert—

• “Subsection (1A) shall be disregarded.

• In subsection (2)(b), the reference to the circumstances in
  which section 6(5) of the 1988 Act applies shall be
  30treated as a reference to the circumstances in which
  the following provisions of this table apply:
  paragraphs (c) and (d) of the modifications specified
  for section 6 of the 1988 Act.”;

(b) in the last sentence, for “or 4” substitute “, 4 or 5A”.

(6) 35In the entry for section 8 of the Road Traffic Act 1988—

(a) in the second column, for “Choice of specimen of breath” substitute
“Breath specimen showing higher alcohol level to be disregarded”;

(b) omit the words in the third column.

(7) In the entry for section 10 of the Road Traffic Act 1988, in the third column—

(a) 40in paragraph (b), for “or 5” substitute “, 5 or 5A”;

(b) before the last sentence insert—

• “In subsection (2), paragraph (c) shall be disregarded.”

(8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third
column—

(a) in the first sentence, for “section 3A, 4 or 5” substitute “any of
sections 3A to 5A”;

(b) after the first sentence insert—

• “Subsection (2)(b) shall be disregarded.”;

(c) 5after the last sentence insert—

• “Subsection (3A) shall be disregarded.”

Part 2 Bus lane contraventions

17 (1) Until the relevant day, section 144 of the Transport Act 2000 (civil penalties
10for bus lane contraventions) has effect as if in subsection (3)(b), for the words
from “made an order” to the end of the paragraph there were substituted
“notified the authority in writing that it is an approved local authority for the
purposes of this section (and has not withdrawn that notice).”

(2) In sub-paragraph (1) the “relevant day” means the day on which the repeal
15of section 144 of the Transport Act 2000 by Part 1 of Schedule 12 to the Traffic
Management Act 2004 comes into force in relation to England.

18 (1) Sub-paragraph (2) applies to any authority which, immediately before
paragraph 17 comes into force, is specified in an order under section
144(3)(b) of the Transport Act 2000 as an approved local authority for the
20purposes of section 144 of that Act.

(2) The authority is to be treated, on and after the date on which paragraph 17
comes into force, as having been notified in writing by the Secretary of State
that it is an approved local authority for the purposes of section 144 of the
Transport Act 2000.

19 25In paragraph 9 of Schedule 8 to the Traffic Management Act 2004
(designation of civil enforcement areas for bus lane contraventions), after
sub-paragraph (3) insert—

“(3A) A notice given (and not withdrawn) before the commencement of
this Part of this Act approving a local authority in England for the
30purposes of section 144 of the Transport Act 2000 (civil penalties
for bus lane contraventions) has effect on and after the
commencement of this Part of this Act (in relation to England) as
an order under this paragraph designating as a civil enforcement
area for bus lane contraventions so much of that authority’s area
35as is a civil enforcement area for parking contraventions.”

Section 44

SCHEDULE 12 Household waste: London

1 The London Local Authorities Act 2007 is amended as follows.

2 In section 20 (regulations relating to receptacles for household waste), in
40subsection (9), for “46(2) to (6)” substitute “46(2) to (5)”.

3 After section 20 insert—

“20A Regulations relating to receptacles for household waste: enforcement

(1) This section applies where a borough council is satisfied that—

(a) a person has failed without reasonable excuse to comply with
5a requirement imposed by regulations made under section
20(1), and

(b) the person’s failure to comply—

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

(ii) has been, or is or was likely to be, detrimental to any
10amenities of the locality.

(2) Where this section applies, the borough council may serve a written
warning on the person.

(3) A written warning must—

(a) identify the requirement with which the person has failed to
15comply,

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

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

(d) if the failure to comply is continuing, specify the period
20within which the requirement must be complied with and
explain the consequences of the requirement not being
complied with within that period, and

(e) whether or not the failure to comply is continuing, explain
the consequences of the person subsequently failing to
25comply with the same or a similar requirement.

(4) Where a written warning has been served in respect of a failure to
comply that is continuing, the borough council may require the
person on whom the written warning was served to pay a penalty
charge if satisfied that the person has failed to comply with the
30requirement identified in the warning within the period specified by
virtue of subsection (3)(d).

(5) Where a person has been required to pay a penalty charge under
subsection (4) and that requirement has not been withdrawn on
appeal, the borough council may require the person to pay a further
35penalty charge 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 warning was served.

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

(a) a “relevant period” is a period beginning with the day a final
40notice is served on the person under section 20C(5) in respect
of the failure to comply that is continuing and ending with—

(i) where the person appeals against the requirement to
pay a penalty charge imposed by that final notice, the
day on which the appeal that is the final appeal made
45by the person against the requirement is dismissed or
withdrawn;

(ii) where 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
penalty charge is withdrawn on appeal.

(7) Where a written warning has been served, whether or not in respect
5of a failure to comply that is continuing, the borough council may
require the person on whom the written warning was served to pay
a penalty charge if satisfied that, within the period of one year
beginning with the day the written warning was served—

(a) the person has again failed without reasonable excuse to
10comply with the requirement 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), or

(b) the person has failed without reasonable excuse to comply
with a requirement that is similar to the one identified in the
15warning and the person’s failure to comply has had, or is or
was likely to have, the effect described in subsection (1)(b).

(8) A borough council may require a person to pay a penalty charge
under subsection (5) or (7) each time that the borough council is
satisfied of the matters mentioned in the subsection.

(9) 20A borough council imposing a requirement to pay a penalty charge
under subsection (4), (5) or (7) must act in accordance with section
20C.

(10) In this section and sections 20C and 20D a “penalty charge” means a
monetary penalty of an amount determined in accordance with
25section 20B.

20B Amount of penalty charge that may be imposed under section 20A

(1) It is to be the duty of the borough councils to set the levels of penalty
charges payable to them under section 20A.

(2) Different levels may be set for different areas in Greater London and
30for different cases or classes of case.

(3) The borough councils may make provision for treating a penalty
charge which is payable under section 20A as having been paid if a
lesser amount is received by the relevant council before the end of a
period specified by the borough councils.

(4) 35The Secretary of State may by regulations make provision in
connection with the functions conferred on the borough councils
under subsections (1) and (3).

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

(a) require the levels of penalty charges to fall within a range
40prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which,
the borough councils may make provision under subsection
(3).

(6) The borough councils must publish, in such manner as the Secretary
45of State may determine, the levels of penalty charges which have
been set by the councils in accordance with this section.

(7) The functions conferred on the borough councils by subsections (1),
(3) and (6) are to be discharged by a joint committee within the
meaning of Part 4 (see section 60(1)).

20C Penalty charges under section 20A: procedure regarding notices of
5intent and final notices

(1) Before requiring a person to pay a penalty charge under section 20A,
a borough council must serve on the person notice of intention to do
so (a “notice of intent”) in accordance with subsections (2) to (4).

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

(a) 10the grounds for proposing to require payment of a penalty
charge,

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

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

(3) 15A person on whom a notice of intent is served may make
representations to the borough council as to why payment of a
penalty charge should not be required.

(4) Representations under subsection (3) must be made within the
period of 28 days beginning with the day service of the notice of
20intent is effected.

(5) In order to require a person to pay a penalty charge under section
20A, a borough council must serve on the person a further notice (the
“final notice”) in accordance with subsections (6) to (8).

(6) A final notice may not be served on a person by a borough council
25before 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, a borough council must
consider any representations made by the person under subsection
(3).

(8) 30The final notice must contain information about—

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

(b) the amount of the penalty charge,

(c) how payment may be made,

(d) the period within which payment is required to be made
35(which must 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 20B(3),

(f) the right to appeal by virtue of section 20D, and

(g) 40the consequences of not paying the penalty charge.

20D Appeals and application of provisions of Part 4 of this Act

(1) Regulations made by the Lord Chancellor under section 62(2) may
make provision relating to appeals to an adjudicator against a
decision under section 20A to require a person to pay a penalty
45charge.

(2) Until such time as regulations made by virtue of subsection (1) are in
force, regulations under section 80 of the Traffic Management Act
2004 are to apply in relation to appeals of the type described in
subsection (1) with such modifications as are prescribed in
5regulations made by the Secretary of State.

(3) For the purposes of subsection (2), the functions of adjudicators
under the regulations as so applied are to be discharged by the
persons appointed under regulations made under section 81 of the
Traffic Management Act 2004 as adjudicators for the purposes of Part
106 of that Act.

(4) Penalty charges payable under section 20A are penalty charges for
the purposes of section 64 and, for the purposes of subsection (2)(b)
of section 64, they are to be treated as if they were payable under a
provision of Part 4.

(5) 15Schedule 4 applies in relation to the administration and enforcement
of section 20A as it applies in relation to the administration and
enforcement of section 61.”

4 (1) Section 23 (regulations relating to receptacles for waste: enforcement) is
amended as follows.

(2) 20In subsection (2), omit “subsection (1) of section 20 (regulations relating to
receptacles for household waste) or”.

(3) In subsection (4)—

(a) omit paragraph (e);

(b) in paragraph (f), omit “subsection (4) of the said section 20 or” and
25omit “as the case may be”.

(4) In the heading, after “receptacles for” insert “commercial or industrial”.

Section 45

SCHEDULE 13 Other measures relating to animals, food and the environment

Part 1 30Destructive imported animals

Destructive Imported Animals Act 1932 (c. 12)Destructive Imported Animals Act 1932 (c. 12)

1 (1) Section 10 of the Destructive Imported Animals Act 1932 (power to extend
provisions of Act to other destructive non-indigenous animals) is amended
as follows.

(2) 35In subsection (1), after “and to destroy any which may be at large” insert “or
keep under review whether any which may be at large should be
destroyed”.