Contents page 1-9 10-19 20-29 30-39 40-58 59-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-148 Last page
Deregulation BillPage 40
prescribed, in the regulations to take one or more of the following steps
in relation to every child trust fund held with it—
(a) to seek to transfer the fund to another account provider;
(b)
to seek to transfer all the investments under the fund to a
5protected child account that can be used for investments of that
kind and is provided by a person chosen by the account
provider;
(c)
to seek to transfer an amount in cash representing the value of
all the investments under the fund (whether consisting of cash
10or stocks and shares) to a protected child account that can be
used for investments in cash and is provided by a person chosen
by the account provider;
(d)
to transfer an amount in cash representing the value of all the
investments under the fund (whether consisting of cash or
15stocks and shares) to a protected child account that can be used
for investments in cash and is provided by a person specified by
the Treasury.
(4) The regulations may provide—
(a)
that child trust funds held with an account provider that is
20prescribed, or of a description prescribed, in the regulations are
to be treated for all purposes as if they were protected child
accounts of a description so prescribed;
(b)
that, where child trust funds are (under the regulations) to be
treated as protected child accounts of a particular description,
25the account provider is to be treated, for such purposes as may
be prescribed in the regulations, as a person who lawfully
provides protected child accounts of that description.
(5)
If the regulations authorise the Treasury to require that one or more of
the steps mentioned in subsection (3)(b) to (d) be taken, the regulations
30may also authorise the Treasury to require an account provider who, in
pursuance of such a requirement, transfers all the investments under a
child trust fund, or an amount representing the value of all the
investments, to close the child trust fund.
(6)
If the regulations authorise the Treasury to require an account provider
35to take more than one of the steps mentioned in subsection (3), the
regulations must also—
(a)
authorise the Treasury to specify the order in which the steps
are to be taken, and
(b)
provide that if (as a result of complying with a requirement to
40take a particular step) an account holder no longer holds
investments under any child trust fund, any requirement
imposed on that provider to take another step lapses.
(7) The Treasury is not liable in respect of —
(a)
the selection by an account provider of a person to whom to
45make a transfer in response to a requirement of a kind
mentioned in subsection (3)(a) to (c), or
(b)
a decision made by it as to the person to be specified in a
requirement of a kind mentioned in subsection (3)(d).
(8)
In this section, “protected child account” means an account which is a
50protected child account for the purposes of section 7A.”
Deregulation BillPage 41
(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 14 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.
Schedule 15 makes provision for the reduction of burdens in the further and
higher education sectors.
(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 16 makes further provision for the reduction of burdens relating to
schools in England.
(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 17 to this Act.
(3) In section 136 of that Act (unauthorised licensable activities), at the end of
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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
45except in sections 145 and 152, premises that (by reason
of being specified in a Part 5A notice) are premises on
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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—
| “Part 5A notice | 5section 110A(2)” |
| “relevant licensing authority, in Part 5A | section 110N” |
| “relevant person, in Part 5A | section 110D(11)”. |
(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”.
(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.
(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 18, 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.
Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children
40under 16) is repealed.
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(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—
“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.”
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.
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(1) The Road Traffic Act 1988 is amended as follows.
(2) In section 12 (motor racing on public ways), after subsection (1) insert—
“(1A) Subsection (1) is subject to—
(a)
5in relation to England and Wales, sections 12A to 12F (which
make provision to allow the holding of races or trials of speed
between motor vehicles on public ways in England and Wales);
(b)
in relation to Scotland, sections 12G to 12I (which make
provision to allow the holding of races or trials of speed
10between motor vehicles on public ways in Scotland).”
(3) After section 12 insert—
(1)
Sections 12A to 12F allow highway authorities to make orders relating
to the holding of a race or trial of speed between motor vehicles on a
15highway in England and Wales (“motor race orders”).
(2)
A motor race order is made on the application of the person promoting
the event, with the permission of a motor sport governing body (see
sections 12B to 12D).
(3) The effect of a motor race order is set out in section 12E.
(1)
A person who wishes to promote a race or trial of speed between motor
vehicles on a highway in England and Wales may apply for a permit to
a motor sport governing body authorised by regulations made by the
appropriate national authority to issue permits in respect of a race or
25trial of speed of that kind.
(2)
Before issuing a permit, the motor sport governing body must
consult—
(a)
the highway authority for each area in which the event is to take
place or which is otherwise likely to be significantly affected by
30the event,
(b) the local authority for each such area,
(c) the police authority for each such area,
(d)
in the case of an event that is to take place in Greater London,
the Greater London Authority,
(e)
35each person who has given the motor sport governing body
written notice within the previous 12 months that the person
wishes to be consulted about applications under this section,
and
(f)
such other persons as the motor sport governing body thinks
40appropriate.
(3)
The motor sport governing body must issue the permit if satisfied
that—
(a) the applicant intends to promote the proposed event,
(b)
the applicant has the necessary financial and other resources to
45make appropriate arrangements for the event,
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(c)
the applicant has arranged or will arrange appropriate
insurance cover in connection with the event, in accordance
with guidance issued by the motor sport governing body, and
(d)
the application includes all necessary details of the safety and
5other arrangements proposed for the event.
(4) A permit must specify—
(a) any route to be followed in the course of the event;
(b)
arrangements for the approval by the motor sport governing
body of drivers participating in the event;
(c)
10arrangements for the approval by the motor sport governing
body of vehicles to be used in the course of the event;
(d)
arrangements made or to be made for insurance in connection
with the event.
(5)
A permit may set out conditions that the motor sport governing body
15thinks should be included in any motor race order made in relation to
the event.
(6)
The appropriate national authority must by regulations list motor sport
governing bodies that are authorised to issue permits for the purposes
of this section.
(7)
20The regulations may specify the kinds of races or trials of speed
between motor vehicles on a highway in respect of which each listed
governing body may issue permits.
(8)
The regulations may provide that a listed motor sport governing body
ceases to be authorised to issue permits if the rules of the governing
25body—
(a) include provision of a kind specified in the regulations;
(b) do not include provision of a kind so specified.
(9) In this section—
“the appropriate national authority” means—
30in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“local authority” means —
a county or district council in England;
a parish council in England;
35a London borough council;
the Common Council of the City of London in its
capacity as a local authority;
the Council of the Isles of Scilly;
a county or county borough council in Wales.
(1)
A motor race order may only be made on an application under this
section.
(2) An application may be made only by a person who—
(a)
wishes to promote a race or trial of speed between motor
45vehicles on a highway in England and Wales, and
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(b)
has a permit issued in accordance with section 12B in relation to
the event.
(3)
The application must be made to the highway authority for the area in
which the event is to take place (and, where the event is to take place in
5the area of more than one highway authority, separate applications
must be made under this section to each authority).
(4) The application must be made not less than 6 months before the event.
(5) The application must be accompanied by—
(a) the permit issued in accordance with section 12B;
(b)
10details of any orders under section 16A of the Road Traffic
Regulation Act 1984 (prohibition or restriction on roads in
connection with certain events), and of any other orders,
regulations or other legislative instruments, that will be needed
in connection with the event;
(c)
15a risk assessment in such form as the highway authority may
specify;
(d) such fee as the highway authority may specify.
(1)
Before determining whether to make a motor race order, a highway
20authority must consider—
(a) the likely impact of the event on the local community,
(b)
the potential local economic and other benefits (in respect of
tourism or otherwise), and
(c)
any other local considerations that the authority thinks
25relevant.
(2)
The highway authority may make the motor race order if satisfied
that—
(a)
adequate arrangements have been made to allow the views of
the local community to be taken into account,
(b)
30the person proposing to promote the event has shown that the
event is commercially viable, and
(c)
effective arrangements have been made to involve local
residents, the police and other emergency services in the
planning and implementation of the event.
(3) 35A motor race order must—
(a)
specify the event to which it relates, including the date or (in the
case of an event that is to take place on more than one day) the
dates on which it is to take place,
(b)
include a map of the area to be used for the event (showing, in
40particular, the roads which participants will use, and areas
which will be available for occupation by spectators), and
(c)
include any other information specified by the appropriate
national authority by regulations.
(4)
A motor race order may include conditions which must be satisfied
45before, during or after the event.
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(5)
A motor race order may, in particular, include conditions designed to
ensure that the arrangements mentioned in subsection (2)(c) continue
throughout the planning and implementation of the event.
(6) In this section, “the appropriate national authority” means—
(a) 5in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers.
(1)
A motor race order made under section 12D has the effect described in
this section.
(2)
10Section 12(1) does not apply to the promoter of the event if that
person—
(a)
promotes the event in accordance with any conditions imposed
on the promoter by the motor race order, and
(b)
takes reasonable steps to ensure that any other conditions
15specified in the motor race order are met.
(3)
The provisions listed in the Table do not apply in relation to a
participant or an official or (as the case may be) in relation to a vehicle
used by a participant or an official provided that—
(a)
the participant has been approved by the motor sport
20governing body that issued a permit in respect of the event or
(as the case may be) the official has been authorised by the
promoter,
(b)
the participant or official complies with any conditions
specified in the motor race order that apply to participants or (as
25the case may be) officials, and
(c)
the participant or official also complies with any conditions
imposed on him or her by the promoter.
| Provision | Topic |
|---|---|
| Road Traffic Regulation Act 1984 |
|
| Section 18(3) | Contravention of order 30relating to one-way traffic on trunk roads |
| Section 20(5) | Contravention of order relating to use on roads of vehicles of certain classes |
| Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1) |
35Speed limits |
| Regulations under section 99 | Removal of vehicles illegally 40parked etc |
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| Provision | Topic |
|---|---|
| Section 104(1) | Immobilisation of vehicles illegally parked |
| Road Traffic Act 1988 | |
| Section 1 | Causing death by dangerous 5driving |
| Section 1A | Causing serious injury by dangerous driving |
| Section 2 | Dangerous driving |
| Section 2B | Causing death by careless, or 10inconsiderate, driving |
| Section 3 | Careless, and inconsiderate, driving |
| Section 3ZB | Causing death by driving: unlicensed, disqualified or 15uninsured drivers |
| Section 12(1) | Motor racing on public ways |
| Section 21(1) | Prohibition of driving or parking on cycle tracks |
| Section 22 | Leaving vehicles in 20dangerous positions |
| Section 22A | Causing danger to road- users |
| Section 36(1) | Drivers to comply with traffic signs |
| The Highway Code, as it has effect under section 38 |
|
| Section 40A | 25Using vehicle in dangerous condition etc |
| Regulations under section 41 | Regulation of construction, weight, equipment and use of vehicles |
| Section 41A | 30Breach of requirement as to brakes, steering-gear or tyres |
| Section 41C | Breach of requirement as to speed assessment equipment detection devices |
| Section 42 | 35Breach of other construction and use requirements |
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| Provision | Topic |
|---|---|
| Section 47(1) | Obligatory test certificates |
| Section 87(1) | Drivers of motor vehicles to have driving licences |
| Section 103(1)(b) | 5Driving while disqualified |
| Section 143(1) and (2) | Users of motor vehicles to be insured or secured against third-party risks |
| Sections 164 and 165 | Powers of constables to 10require production of driving licence, obtain information etc |
| Section 165A | Power to seize vehicles driven without licence or 15insurance |
| Section 170 | Duty of driver to stop, report accident and give information or documents |
| Vehicle Excise and Registration Act 1994 |
|
| Section 1(1)(b) | Circumstances in which 20vehicle excise duty is chargeable on unregistered mechanically propelled vehicles |
| Section 29(1) | Offence of using or keeping 25an unlicensed vehicle |
(4)
The appropriate national authority may by regulations amend this
section so as to—
(a) add or omit an entry in the Table in subsection (3);
(b)
provide that subsection (3) applies in relation to a provision for
30the time being included in the Table only for purposes specified
in the regulations;
(c)
provide that subsection (3) applies in relation to a provision for
the time being included in the Table only if a condition specified
in the regulations is included in the motor race order.
(5)
35However, regulations under subsection (4) may not add any provision
of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the
Table in subsection (3).
(6)
The promoter of an event in respect of which a motor race order has
been made is liable in damages if personal injury or damage to property
40is caused by anything done—
(a) by or on behalf of the promoter in connection with the event, or
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(b) by or on behalf of a participant or an official,
unless it is proved that the promoter took reasonable steps to prevent
the injury or damage occurring.
(7)
For the purposes of the Law Reform (Contributory Negligence) Act
51945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any
injury or damage for which a person is liable under subsection (6) is to
be treated as due to the fault of that person.
(8) In this section—
“the appropriate national authority” means—
10in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“official” means a person who facilitates the holding of a race or
trial of speed.
(1)
15A power to make regulations conferred on the Secretary of State or the
Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by
statutory instrument.
(2)
A statutory instrument containing regulations made by the Secretary of
State under section 12E(4) (whether alone or with other provision) may
20not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(3)
A statutory instrument containing regulations made by the Secretary of
State under section 12B(6) or 12D(3)(c) (other than regulations to which
subsection (2) applies) is subject to annulment in pursuance of a
25resolution of either House of Parliament.
(4)
A statutory instrument containing regulations made by the Welsh
Ministers under section 12E(4) (whether alone or with other provision)
may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.
(5)
30A statutory instrument containing regulations made by the Welsh
Ministers under section 12B(6) or 12D(3)(c) (other than regulations to
which subsection (4) applies) is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(1)
35The Scottish Ministers may by regulations authorise, or make provision
for authorising, the holding of races or trials of speed on public roads
in Scotland.
(2) Regulations under this section may in particular—
(a) specify the persons by whom authorisations may be given;
(b)
40limit the circumstances in which, and the places in respect of
which, authorisations may be given;
(c)
provide for authorisations to be subject to conditions imposed
by or under the regulations;
(d)
provide for authorisations to cease to have effect in
45circumstances specified in the regulations;
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(e)
provide for the procedure to be followed, the particulars to be
given, and the amount (or the persons who are to determine the
amount) of any fees to be paid, in connection with applications
for authorisations.
(3)
5Regulations under this section may make different provision for
different cases.
(1)
Section 12(1) does not apply to the promoter of an event that has been
authorised by or under regulations under section 12G if that person—
(a)
10promotes the event in accordance with any conditions imposed
on the promoter by or under the regulations, and
(b)
takes reasonable steps to ensure that any other conditions
imposed by or under the regulations are met.
(2)
Section 12(1) does not apply to a participant in an event that has been
15authorised by or under regulations under section 12G, provided that
the participant complies with any conditions imposed on participants
by or under the regulations.
(3)
Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event that
has been authorised by or under regulations under section 12G or to
20any other person of a description specified in regulations made by the
Scottish Ministers, provided that the participant or other person
complies with any conditions imposed on participants or on persons of
that description by or under regulations under section 12G.
(4)
The Scottish Ministers may by regulations make provision for specified
25provisions of legislation of a kind mentioned in subsection (5)—
(a)
not to apply in relation to participants in events authorised by
or under regulations under section 12G or (as appropriate) in
relation to vehicles used by such persons;
(b)
to apply in relation to such persons or vehicles subject to
30modifications specified in the regulations;
(c)
not to apply in relation to persons of a description specified in
regulations under this subsection or (as appropriate) in relation
to vehicles used by such persons;
(d)
to apply in relation to such persons or vehicles subject to
35modifications specified in the regulations.
(5) The kinds of legislation are—
(a)
legislation restricting the speed of vehicles or otherwise
regulating the use of vehicles on a public road;
(b)
legislation regulating the construction, maintenance or lighting
40of vehicles;
(c)
legislation requiring a policy of insurance or security to be in
force in relation to the use of any vehicle;
(d)
legislation relating to the duty chargeable on, or the licensing
and registration of, vehicles;
(e)
45legislation requiring the driver of a vehicle to hold a licence to
drive it;
(f)
legislation relating to the enforcement of any legislation
mentioned in paragraphs (a) to (e).
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(6)
However, regulations under subsection (4) may not disapply, or
otherwise alter the application of, sections 3A to 11 of this Act (motor
vehicles: drink and drugs).
(7)
The Scottish Ministers may by regulations amend section 16A of the
5Road Traffic Regulation Act 1984 so as to enable orders under that
section that are made for the purposes of an event authorised by or
under regulations under section 12G to suspend statutory provisions in
addition to those specified in section 16A(11).
(8)
The promoter of an event that has been authorised by or under
10regulations under section 12G is liable in damages if personal injury or
damage to property is caused by anything done—
(a) by or on behalf of the promoter in connection with the event,
(b) by or on behalf of a participant, or
(c)
by or on behalf of a person of a description specified in
15regulations made by the Scottish Ministers,
unless it is proved that the promoter took reasonable steps to prevent
the injury or damage occurring.
(9)
For the purposes of the Law Reform (Contributory Negligence) Act
1945, any injury or damage for which a person is liable under
20subsection (8) is to be treated as due to the fault of that person.
(10) In this section, “legislation” means—
(a)
an Act or subordinate legislation (within the meaning of the
Interpretation Act 1978);
(b)
an Act of the Scottish Parliament or an instrument made under
25an Act of the Scottish Parliament.
(1)
Before making regulations under section 12H(3), (4), (7) or (8), the
Scottish Ministers must consult such persons as they consider
appropriate.
(2) 30Regulations under section 12G are subject to the negative procedure.
(3)
Regulations under section 12H(3), (4), (7) or (8) are subject to the
affirmative procedure.”
(1)
Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic
35authority to impose by order restrictions or temporary prohibitions on the use
of roads in connection with certain events) is amended as follows.
(2)
In subsection (4), in paragraph (a), after “(motor racing on public ways)” insert
“unless a motor race order under section 12D of that Act is made in relation to
the race or trial or it is authorised by or under regulations under section 12G of
40that Act”.
(3) After subsection (11) insert—
“(12)
An order under this section that is made for the purposes of a race or
trial of speed in relation to which a motor race order under section 12D
of the Road Traffic Act 1988 has been made may also suspend—
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(a) regulations under section 25(1);
(b) section 28(1);
(c) an order under section 29(1);
(d) byelaws under section 31(1);
(e) 5any provision made by or under Part 4.”
(1) The Road Traffic Act 1988 is amended in accordance with subsections (2) to (5).
(2)
For the italic cross-heading before section 12 substitute “Motor racing on public
ways”.
(3) 10Before section 13 insert the italic cross-heading “Other motor events”.
(4) In section 193A (tramcars and trolley vehicles), after subsection (3) insert—
“(3A) Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”
(5) In section 195 (provisions as to regulations), after subsection (5) insert—
“(6)
This section does not apply in relation to regulations under section
1512B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section
12F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision
as to which is made by section 12I).”
(6)
The Secretary of State may by regulations made by statutory instrument repeal
any local Act passed before this Act which makes provision for authorising
20races or trials of speed between motor vehicles on highways in England and
Wales (and, for this purpose, “highway” has the same meaning as in the Road
Traffic Act 1988).
(7)
Regulations under subsection (6) may include transitional, transitory or saving
provision.
(8)
25Before making regulations under subsection (6), the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(9)
A statutory instrument containing regulations under subsection (6) is subject
to annulment in pursuance of a resolution of either House of Parliament.
(10)
The Scottish Ministers may by regulations repeal any local Act passed before
30this Act which makes provision for authorising races or trials of speed between
motor vehicles on public roads in Scotland (and, for this purpose, “public road”
has the same meaning as in the Road Traffic Act 1988).
(11)
Regulations under subsection (10) may include transitional, transitory or
saving provision.
(12)
35Before making regulations under subsection (10), the Scottish Ministers must
consult such persons as they consider appropriate.
(13) Regulations under subsection (10) are subject to the negative procedure.
In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
Deregulation BillPage 55
in Part 2 (exemptions), after paragraph 6 insert—
(1)
The provision of entertainment consisting of the exhibition of a film
at community premises is not to be regarded as the provision of
regulated entertainment for the purposes of this Act if the following
5conditions 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
behalf of a person concerned in the organisation or management of
the entertainment—
(a)
10from the management committee of the community
premises, or
(b) where there is no management committee, from—
(i)
a person who has control of the community premises
(as occupier or otherwise) in connection with the
15carrying 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
community premises.
(3)
The second condition is that the entertainment is not provided with
20a 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)
The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.
(6)
25The 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)
where a recommendation has been made only by the film
classification body, the admission of children is subject to
30such 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
licensing authority, the admission of children is subject to
such restrictions (if any) as are necessary to comply with the
35recommendation of that authority;
(c)
where recommendations have been made both by the film
classification body and the relevant licensing authority, the
admission of children is subject to such restrictions (if any) as
are necessary to comply with the recommendation of the
40relevant licensing authority.
(7)
In sub-paragraph (6) the reference to the “relevant licensing
authority”, in relation to the exhibition of a film at particular
community premises, is a reference to—
(a)
the licensing authority in whose area the premises are
45situated, or
Deregulation BillPage 56
(b)
where the premises are situated in the areas of two or more
licensing authorities, those authorities or (as the context
requires) such of those authorities as have made a
recommendation.
(8) 5In this paragraph—
“children” and “film classification body” have the same
meaning as in section 20;
“owner”, in relation to community premises, means—
a person who is for the time being entitled to dispose
10of the fee simple in the premises, whether in
possession or in reversion, or
a person who holds or is entitled to the rents and
profits of the premises under a lease which (when
granted) was for a term of not less than 3 years.”
(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
Act 2003 (licence required for installation or use of television receiver).
(2) A review under subsection (1) must—
(a)
20examine 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
on which this Act is passed;
(c)
be completed no later than 12 months after the day on which it begins;
25and
(d)
be laid before both Houses of Parliament by the Secretary of State on
completion and be presented to the BBC Trust.
(1) The Secretary of State may by regulations made by statutory instrument—
(a)
30replace 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
as 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) 35a 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
penalty to be—
(a)
a fixed amount specified in, or determined in accordance with, the
40regulations, or
(b)
such amount, not exceeding a maximum amount specified in the
regulations, as may be determined by a body so specified.
(3) Regulations under subsection (1)(a) must—
(a)
make provision as to the steps that must be taken before a monetary
45penalty is imposed;
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(b)
make provision conferring rights to appeal against the imposition of a
monetary penalty.
(4)
Regulations under subsection (1)(a) may make provision corresponding to any
provision that could be included in an order under Part 3 of the Regulatory
5Enforcement 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)
confer powers to obtain information for the purpose of determining
whether to impose a monetary penalty;
(b) 10confer 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)
Any sums received by the BBC by virtue of regulations under this section must
be paid into the Consolidated Fund.
(8) 15Regulations under this section may include—
(a) consequential provision, or
(b) transitional, transitory or saving provision,
and any such provision may be made by repealing, revoking or otherwise
amending or modifying legislation.
(9)
20Regulations under this section may make different provision for different
purposes or areas.
(10)
A statutory instrument containing regulations under this section may not be
made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.
(11)
25Unless 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 63 is completed, this section expires at the end of that period.
(12) “The TV licensing offences” are—
(a)
the offence under section 363(2) of the Communications Act 2003
30(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) In this section—
“the BBC” means the British Broadcasting Corporation;
35“legislation” means—
an Act or subordinate legislation (within the meaning of the
Interpretation Act 1978);
an Act of the Scottish Parliament or an instrument made under
an Act of the Scottish Parliament;
40a Measure or Act of the National Assembly for Wales or an
instrument made under a Measure or Act of that Assembly; and
Northern Ireland legislation or an instrument made under
Northern Ireland legislation.
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