Deregulation Bill (HL Bill 58)

by section 21) insert—

“56B Conversion of certain public rights of way to private rights of way

(1) This section applies where—

(a) a public right of way over land in England would be
5extinguished under section 53 immediately after the cut-off
date, and

(b) on the cut-off date, the exercise of the right of way—

(i) is reasonably necessary to enable a person with an
interest in land to obtain access to it, or

(ii) 10would have been reasonably necessary to enable that
person to obtain access to a part of that land if the person
had an interest in that part only.

(2) The public right of way becomes, immediately after the cut-off date, a
private right of way of the same description for the benefit of the land
15or (as the case may be) the part of the land.

(3) For the purposes of subsection (1)(b), it is irrelevant whether the person
is, on the cut-off date, in fact—

(a) exercising the existing public right of way, or

(b) able to exercise it.

(4) 20In this section, “cut-off date” has the meaning given in section 56.”

(2) In consequence of the amendments made by sections 20 and 21 and this
section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55”
substitute “sections 53, 55, 55A, 56A and 56B”.

23 Applications by owners etc for public path orders

(1) 25The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path extinguishment order), after
“horses” insert “, or of any land in England of a prescribed description,”.

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of
30certain land to be able to apply for a public path diversion order), after “horses”
insert “, or of any land in England of a prescribed description,”.

(4) In section 121E(1) (which specifies the duties of the Secretary of State on certain
appeals relating to the extinguishment or diversion of public paths), after
“section 121D(1)(a) above,” insert “in relation to an application made under
35section 118C or 119C above or an application made under section 118ZA or
119ZA above to a council in Wales,”.

(5) After section 121E(1) insert—

“(1A) Where an appeal to the Secretary of State is brought under section
121D(1)(a) above, in relation to an application made under section
40118ZA or 119ZA above to a council in England, the Secretary of State
shall either—

(a) determine not to make an order on the application, or

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
decision and the reasons for it.”

(6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
5(1A)(a)”.

24 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
authorise the erection of stiles and gates etc on footpaths or bridleways
crossing agricultural land) is amended as follows.

(2) 10In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

(3) After subsection (1) insert—

“(1A) The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
15land in England, or of land in England which is being brought into use
for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
20preventing the ingress or egress of animals should be erected on the
byway.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
25maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

30For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
35and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.”

(4) In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) 40After subsection (5) insert—

“(5A) In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
Act).”

(6) In consequence of the amendments made by this section to section 147, section
45146 of the 1980 Act is amended as follows—

(a) in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) in that subsection, for “or restricted byway” (in the second place it
occurs) substitute “, restricted byway or byway open to all traffic”;

(c) 50in subsection (2)(b), after “restricted byway” insert “or in the case of a
byway open to all traffic”;

(d) after subsection (5) insert—

“(6) In this section, “byway open to all traffic” has the same meaning
as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).”;

(e) 5in the heading to the section, for “restricted byways” substitute
“byways”.

25 Applications for certain orders under Highways Act 1980: cost recovery

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
10charges in connection with applications by owners etc for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.

(3) In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
15diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) In section 121A(1) (which confers power to make regulations about
applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
20section”.

(5) In section 121E(8) (which makes provision about what may be included in
regulations about appeals under section 121D(1)), in paragraph (j), for
“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) 25In Part 1 of Schedule 6 (procedure for making and confirming certain orders
relating to footpaths, bridleways and restricted byways), in paragraph 2B
(which makes supplemental provision about hearings held under paragraph 2
of the Schedule), after sub-paragraph (3) insert—

“(4) For the purposes of sub-paragraph (1) as it applies in relation to
30section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b)
or (3)(b) of paragraph 2 of any representations or objections about an
order relating to land in England is to be treated as a hearing which
the Secretary of State has caused to be held under that paragraph.”

26 35Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights
of way in England and the making and confirmation of orders relating to such
rights.

(2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
40(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies
where a modification of a definitive map and statement is needed
because of an administrative error;

(c) enable regulations to be made so that applications made to a local
5authority seeking a modification of a definitive map and statement do
not need to be included in the register of applications unless the
authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) facilitate the making of modifications of a definitive map and statement
10by consent in cases based on documentary evidence of the existence of
a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and determination of applications to a local authority in England for a
15modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and confirmation of orders making modifications of a definitive map and
statement.

(5) 20Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
make changes to the procedure for the making and confirmation of public path
creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) 25The Secretary of State may by regulations make provision for an amendment
made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in
relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) 30Regulations under subsection (7) may make different provision for different
purposes.

(9) Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of either House of Parliament.

27 35Erection of public statues (London): removal of consent requirement

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
consent of the Secretary of State to the erection of public statues in London).

Housing and development

28 Reduction of qualifying period for right to buy

(1) 40The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before

subsection (1) insert—

“(A1) In the application of this Part to England, the right to buy does not arise
unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.”

(3) 5In subsection (1), at the beginning insert “In the application of this Part to
Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

29 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
10Secretary of State, in relation to England, and the Welsh Ministers, in relation
to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) 15in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (a)—

(i) after “a local housing authority” insert “in Wales”;

(ii) for “the appropriate person” substitute “the Welsh Ministers”.

(4) 20In subsection (2)—

(a) for “The appropriate person” substitute “The Welsh Ministers”;

(b) after “a local housing authority” insert “in Wales”;

(c) for “the appropriate person” (in each place where it occurs) substitute
“the Welsh Ministers”.

(5) 25In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
Ministers”.

(6) 30In consequence of the amendments made by this section to section 87 of the
2003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) in section 333D(3) of the Greater London Authority Act 1999, in the
35definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “other”.

30 Tenancy deposits

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes),
40after section 215 insert—

“215A Statutory periodic tenancies: deposit received before 6 April 2007

(1) This section applies where—

(a) before 6 April 2007, a tenancy deposit has been received by a
landlord in connection with a fixed term shorthold tenancy,

(b) on or after that date, a periodic shorthold tenancy is deemed to
arise under section 5 of the Housing Act 1988 on the coming to
5an end of the fixed term tenancy,

(c) on the coming to an end of the fixed term tenancy, all or part of
the deposit paid in connection with the fixed term tenancy is
held in connection with the periodic tenancy, and

(d) the requirements of section 213(3), (5) and (6) have not been
10complied with by the landlord in relation to the deposit held in
connection with the periodic tenancy.

(2) If, on the commencement date—

(a) the periodic tenancy is in existence, and

(b) all or part of the deposit paid in connection with the fixed term
15tenancy continues to be held in connection with the periodic
tenancy,

section 213 applies in respect of the deposit that continues to be held in
connection with the periodic tenancy, and any additional deposit held
in connection with that tenancy, with the modifications set out in
20subsection (3).

(3) The modifications are that, instead of the things referred to in section
213(3) and (5) being required to be done within the time periods set out
in section 213(3) and (6)(b), those things are required to be done—

(a) before the end of the period of 90 days beginning with the
25commencement date, or

(b) (if earlier) before the first day after the commencement date on
which a court does any of the following in respect of the
periodic tenancy—

(i) determines an application under section 214 or decides
30an appeal against a determination under that section;

(ii) makes a determination as to whether to make an order
for possession in proceedings under section 21 of the
Housing Act 1988 or decides an appeal against such a
determination.

(4) 35If, on the commencement date—

(a) the periodic tenancy is no longer in existence, or

(b) no deposit continues to be held in connection with the periodic
tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had
40been complied with by the landlord in relation to any deposit that was
held in connection with the periodic tenancy.

(5) In this section “the commencement date” means the date on which the
Deregulation Act 2015 is passed.

215B Shorthold tenancies: deposit received on or after 6 April 2007

(1) 45This section applies where—

(a) on or after 6 April 2007, a tenancy deposit has been received by
a landlord in connection with a shorthold tenancy (“the original
tenancy”),

(b) the initial requirements of an authorised scheme have been
complied with by the landlord in relation to the deposit
(ignoring any requirement to take particular steps within any
specified period),

(c) 5the requirements of section 213(5) and (6)(a) have been
complied with by the landlord in relation to the deposit when it
is held in connection with the original tenancy (ignoring any
deemed compliance under section 215A(4)),

(d) a new shorthold tenancy comes into being on the coming to an
10end of the original tenancy or a tenancy that replaces the
original tenancy (directly or indirectly),

(e) the new tenancy replaces the original tenancy (directly or
indirectly), and

(f) when the new tenancy comes into being, the deposit continues
15to be held in connection with the new tenancy, in accordance
with the same authorised scheme as when the requirements of
section 213(5) and (6)(a) were last complied with by the
landlord in relation to the deposit.

(2) In their application to the new tenancy, the requirements of section
20213(3), (5) and (6) are treated as if they had been complied with by the
landlord in relation to the deposit.

(3) The condition in subsection (1)(a) may be met in respect of a tenancy
even if the tenancy deposit was first received in connection with an
earlier tenancy (including where it was first received before 6 April
252007).

(4) For the purposes of this section, a tenancy replaces an earlier tenancy
if—

(a) the landlord and tenant immediately before the coming to an
end of the earlier tenancy are the same as the landlord and
30tenant at the start of the new tenancy, and

(b) the premises let under both tenancies are the same or
substantially the same.

215C Sections 215A and 215B: transitional provisions

(1) Sections 215A and 215B are treated as having had effect since 6 April
352007, subject to the following provisions of this section.

(2) Sections 215A and 215B do not have effect in relation to—

(a) a claim under section 214 of this Act or section 21 of the Housing
Act 1988 in respect of a tenancy which is settled before the
commencement date (whether or not proceedings in relation to
40the claim have been instituted), or

(b) proceedings under either of those sections in respect of a
tenancy which have been finally determined before the
commencement date.

(3) Subsection (5) applies in respect of a tenancy if—

(a) 45proceedings under section 214 in respect of the tenancy have
been instituted before the commencement date but have not
been settled or finally determined before that date, and

(b) because of section 215A(4) or 215B(2), the court decides—

(i) not to make an order under section 214(4) in respect of
the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Subsection (5) also applies in respect of a tenancy if—

(a) 5proceedings for possession under section 21 of the Housing Act
1988 in respect of the tenancy have been instituted before the
commencement date but have not been settled or finally
determined before that date, and

(b) because of section 215A(4) or 215B(2), the court decides—

(i) 10to make an order for possession under that section in
respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to
make such an order.

(5) Where this subsection applies, the court must not order the tenant or
15any relevant person (as defined by section 213(10)) to pay the
landlord’s costs, to the extent that the court reasonably considers those
costs are attributable to the proceedings under section 214 of this Act or
(as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “finally determined” for the purposes of this
20section if —

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there
is no right to appeal against the determination, or there is such a right
25but—

(a) the time limit for making an appeal has expired without an
appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this section “the commencement date” means the date on which the
30Deregulation Act 2015 is passed.”

31 Optional building requirements

After section 2A of the Building Act 1984 insert—

“2B Optional requirements

(1) Building regulations made by the Secretary of State in relation to
35England may include a requirement that applies only where a planning
authority makes compliance with the requirement a condition of a
grant of planning permission.

(2) In the following provisions of this section, a requirement included in
building regulations by virtue of subsection (1) is referred to as an
40“optional requirement”.

(3) Building regulations may specify that an optional requirement is
capable of applying only in respect of development of a kind described
in the regulations.

(4) Building regulations may specify conditions that must be satisfied
before a planning authority may make compliance with an optional
requirement a condition of the grant of planning permission.

(5) Building regulations may specify the steps that a planning authority
5must take to inform a person subject to an optional requirement of the
requirement.

(6) Where building regulations include an optional requirement that
would (to any extent) be inconsistent with another requirement
imposed by the regulations, the building regulations must provide—

(a) 10that the other requirement does not apply in any case where the
optional requirement applies, or

(b) that the other requirement applies in any such case with
modifications specified in the regulations.

(7) In this section —

• 15“development” has the same meaning as in the Town and Country
  Planning Act 1990 (see section 55 of that Act);

• “planning authority” means—

  (a)

  a local planning authority within the meaning of that
  Act (see section 336(1));

  (b)

  20the Secretary of State (in the exercise of functions of
  granting planning permission);

• “planning permission” has the same meaning as in that Act (see
  section 336(1)).”

32 Amendment of Planning and Energy Act 2008

25In the Planning and Energy Act 2008, in section 1 (energy policies), after
subsection (1) insert—

“(1A) Subsection (1)(c) does not apply to development in England that
consists of the construction or adaptation of buildings to provide
dwellings or the carrying out of any work on dwellings.”

33 30Short-term use of London accommodation: power to relax restrictions

(1) The Secretary of State may by regulations made by statutory instrument make
provision for circumstances in which the use as temporary sleeping
accommodation of any residential premises in Greater London does not
involve a material change of use by virtue of section 25(1) of the Greater
35London Council (General Powers) Act 1973.

(2) Regulations under this section may also make provision for and in connection
with enabling the Secretary of State or a local planning authority to direct that
provision included in the regulations by virtue of subsection (1) does not apply
to particular residential premises or to residential premises situated in a
40particular area.

(3) Regulations under this section may amend the Greater London Council
(General Powers) Act 1973.

(4) Regulations under this section may—

(a) make different provision for different purposes;

(b) include incidental, supplementary, consequential, transitional,
transitory or saving provision.

34 Provision of advice etc about residential licences

In the Housing Act 1996, after section 220 insert—

“220A 10 Provision of general advice etc about residential licences: England

(1) The Secretary of State may give financial assistance to any person in
relation to the provision by that person of—

(a) information, training or general advice about any matter
relating to residential licences in England, or

(b) 15a dispute resolution service in connection with any matter
relating to residential licences in England.

(a)(a)information, training or general advice about any matter
relating to residential licences in England, or

(b) a dispute resolution service in connection with any matter
20relating to residential licences in England.

(2) Financial assistance under this section may be given in such form and
on such terms as the Secretary of State considers appropriate.

(3) The terms on which financial assistance under this section may be
given may, in particular, include provision as to the circumstances in
25which the assistance must be repaid or otherwise made good to the
Secretary of State and the manner in which that is to be done.”

Transport

35 Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
30transport areas), in section 10(1) (general powers of Executive)—

(a) after paragraph (i) insert—

“(ia) to carry passengers by railway—

(a) where that area is in England, between places in
that area, between such places and any place in
35Great Britain which is outside that area, or
between places in Great Britain which are
outside that area, or

(b) where that area is in Wales or Scotland, between
places in that area or between such places and
40any place outside that area but within the
permitted distance, that is to say, the distance of
twenty-five miles from the nearest point on the
boundary of that area;”;

(b) in paragraph (ii), for “other form of land transport” substitute “form of
45land transport other than road or railway”.

(2) Schedule 8 contains—

(a) amendments in consequence of subsection (1), and