Deregulation Bill (HL Bill 95)

(3) After paragraph (c) insert—

“(ca) when the vehicle is being used for ambulance purposes or for
the purpose of providing a response to an emergency at the
request of an NHS ambulance service; or”.

5Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113S.I. 2002/3113)

20 The Traffic Signs Regulations and General Directions 2002 are amended as
follows.

21 In regulation 4 (interpretation), at the appropriate place insert—

• ““an NHS ambulance service” means—

  (a)

  10an NHS trust or NHS foundation trust established
  under the National Health Service Act 2006 which has
  a function of providing ambulance services;

  (b)

  an NHS trust established under the National Health
  Service (Wales) Act 2006 which has a function of
  15providing ambulance services;

  (c)

  the Scottish Ambulance Service Board.”

22 (1) Regulation 15 (keep right and kept left signs) is amended as follows.

(2) In paragraph (2)—

(a) omit “ambulance,”;

(b) 20omit “, national blood service”.

(3) After paragraph (2) insert—

“(2ZA) On an occasion where a vehicle is being used for ambulance or
national blood service purposes or for the purpose of providing a
response to an emergency at the request of an NHS ambulance
25service and the observance of the requirement specified in paragraph
(1) would be likely to hinder the use of that vehicle for one of those
purposes then, instead of that requirement, the requirement
conveyed by the sign in question shall be that the vehicle shall not
proceed beyond that sign in such a manner or at such a time as to be
30likely to endanger any person.”

23 (1) Regulation 26 (double white lines) is amended as follows.

(2) In paragraph (5)(b), omit “ambulance,”.

(3) After paragraph (5)(b) insert—

“(bza) to a vehicle for the time being used for ambulance purposes
35or for the purpose of providing a response to an emergency
at the request of an NHS ambulance service;”.

24 (1) Regulation 27 (zig zag lines) is amended as follows.

(2) In paragraph (3)(c), omit “ambulance,”.

(3) After paragraph (3)(c) insert—

“(ca) 40when the vehicle is being used for ambulance purposes or for
the purpose of providing a response to an emergency at the
request of an NHS ambulance service;”.

25 (1) Regulation 36 (light signals) is amended as follows.

(2) In paragraph (1)(b)—

(a) omit “ambulance,”;

(b) omit “, national blood service”.

(3) After paragraph (1)(b) insert—

“(bza) 5when a vehicle is being used for ambulance or national blood
service purposes or for the purpose of providing a response
to an emergency at the request of an NHS ambulance service
and the observance of the prohibition conveyed by the red
signal in accordance with sub-paragraph (a) would be likely
10to hinder the use of that vehicle for the purpose for which it
is being used, then sub-paragraph (a) shall not apply to the
vehicle, and the red signal shall convey the prohibition that
that vehicle shall not proceed beyond the stop line in a
manner or at a time likely to endanger any person or to cause
15the driver of any vehicle proceeding in accordance with the
indications of light signals operating in association with the
signals displaying the red signal to change its speed or course
in order to avoid an accident;”.

26 (1) Schedule 19 (bus stop and bus stand clearways and box junctions) is
20amended as follows.

(2) In paragraph 4 (bus stop and bus stand clearways)—

(a) in paragraph (a), omit “ambulance,”;

(b) after paragraph (a) insert—

“(aza) a vehicle being used for ambulance purposes or for
25the purpose of providing a response to an emergency
at the request of an NHS ambulance service;”.

(3) In paragraph 9 (box junctions)—

(a) omit “ambulance,”;

(b) omit “, national blood service”.

(4) 30After paragraph 9 insert—

“10 When a vehicle is being used for ambulance or national blood
service purposes or for the purpose of providing a response to an
emergency at the request of an NHS ambulance service and the
observance of the prohibition in paragraph 7(1) or 8 would be
35likely to hinder the use of that vehicle for the purpose for which it
is being used, then that prohibition shall not apply to the driver of
the vehicle.”

Section 50

SCHEDULE 10 Regulation of the use of roads and railways

Part 1 Duration of driving licences to be granted to drivers with relevant or
5prospective disabilities

1 Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is
amended as follows.

2 In section 99 (duration of licences of drivers of motor vehicles of classes other
than any prescribed class of goods vehicle or any prescribed class of
10passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be
granted to person suffering from relevant or prospective disability), for the
words from “of not more than” to “may determine” substitute “as the
Secretary of State may determine which shall be a period—

“of not more than ten years and not less than one year,
15ending on or before the seventieth anniversary of the
applicant’s date of birth, or

(ii) where, at the time the licence is granted, there are less
than three years until that seventieth anniversary or
where the licence is granted on or after that
20anniversary, of not more than three years and not less
than one year”.

3 In consequence of paragraph 2, in section 100(1)(b) (appeals relating to
licences: determination under section 99(1)(b))—

(a) for “three” substitute “ten”;

(b) 25after “or less” insert “or, where sub-paragraph (ii) of section 99(1)(b)
applies, for three years or less”.

Part 2 Permit schemes: removal of requirement for Secretary of State approval

4 Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as
30follows.

5 (1) Section 33 (preparation of permit schemes) is amended as follows.

(2) For subsection (1) substitute—

“(1) A permit scheme may be prepared by—

(a) a strategic highways company,

(b) 35a local highway authority in England, or

(c) such a company or authority acting together with one or
more other such companies or authorities.

(1A) A local highway authority in Wales, or two or more such authorities
acting together, may prepare and submit to the Welsh Ministers a
40permit scheme.”

(3) For subsection (2) substitute—

“(2) The Secretary of State may direct—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or
more other such companies or authorities,

5to prepare and give effect to a permit scheme which takes such form
as the Secretary of State may direct.

(2A) The Welsh Ministers may direct a local highway authority in Wales,
or two or more such authorities acting together, to prepare and
submit to them a permit scheme which takes such form as the Welsh
10Ministers may direct.”

6 After section 33 insert—

“33A Implementation of permit schemes of strategic highway companies
and local highway authorities in England

(1) This section applies to a permit scheme prepared in accordance with
15section 33(1) or (2) by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or
more other such companies or authorities.

(2) 20The scheme shall not have effect in the area of a participating
authority unless the authority gives effect to it by order.

(3) For the purposes of subsection (2) a local highway authority or a
strategic highways company is a “participating authority” in relation
to a permit scheme if it is the highway authority for any of the streets
25in which the scheme is to control the carrying out of works.

(4) An order under subsection (2)—

(a) must set out the scheme and specify the date on which the
scheme is to come into effect, and

(b) may (in accordance with permit regulations) include
30provisions which disapply or modify enactments to the
extent specified in the order.”

7 (1) Section 34 (implementation of local highway authority permit schemes) is
amended as follows.

(2) In subsection (1)—

(a) 35after “prepared” insert “by a local highway authority in Wales”;

(b) for “appropriate national authority (“the authority”)” substitute
“Welsh Ministers”;

(c) for “33(1) or (2)” substitute “33(1A) or (2A)”.

(3) In subsection (2), for “authority” substitute “Welsh Ministers”.

(4) 40In subsection (3), for “it approves” substitute “the Welsh Ministers approve”.

(5) In subsection (4), for “the authority by order gives” substitute “the Welsh
Ministers by order give”.

(6) In the heading, at the end insert “: Wales”.

8 For section 36 (variation and revocation of permit schemes) substitute—

“36 Variation and revocation of permit schemes

(1) A local highway authority in England may by order vary or revoke
a permit scheme to the extent that it has effect in the area of the
5authority by virtue of an order made by the authority under section
33A(2).

(2) The Secretary of State may direct a local highway authority in
England to vary or revoke a permit scheme by an order under
subsection (1).

(3) 10An order made by a local highway authority under subsection (1)
may vary or revoke an order made by the authority under section
33A(2), or an order previously made by the authority under
subsection (1).

(4) A strategic highways company may by order vary or revoke a permit
15scheme to the extent that it has effect, by virtue of an order made by
the company under section 33A(2), in the area in respect of which the
company is appointed.

(5) The Secretary of State may direct a strategic highways company to
vary or revoke a permit scheme by an order under subsection (4).

(6) 20An order made by a strategic highways company under subsection
(4) may vary or revoke an order made by the company under section
33A(2), or an order previously made by the company under
subsection (4).

(7) The Welsh Ministers may by order vary or revoke any permit scheme
25which for the time being has effect by virtue of an order made by
them under section 34(4) or 35(2).

(8) An order under subsection (7) may vary or revoke an order made by
the Welsh Ministers under section 34(4) or 35(2), or an order
previously made under subsection (7).

(9) 30The Secretary of State may by order vary or revoke any permit
scheme which for the time being has effect by virtue of an order
made by the Secretary of State under section 35(2).

(10) An order under subsection (9) may vary or revoke an order made by
the Secretary of State under section 35(2), or an order previously
35made under subsection (9).

(11) An order under subsection (7) or (9) may relate to one or more permit
schemes.

(12) An order under this section may (in accordance with permit
regulations) include provisions which disapply or modify
40enactments to the extent specified in the order.”

9 (1) Section 37 (permit regulations) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) omit “submission, approval,”;

(c) at the end insert “prepared by local highway authorities in England
or strategic highways companies under section 33(1) or (2) or by the
Secretary of State under section 33(3) or (4)”.

(3) After subsection (1) insert—

“(1A) 5The Welsh Ministers may by regulations (“permit regulations”)
make provision with respect to the content, preparation, submission,
approval, operation, variation or revocation of permit schemes
prepared by local highway authorities in Wales under section 33(1A)
or (2A) or by the Welsh Ministers under section 33(3).”

(4) 10After subsection (3) insert—

“(3A) Permit regulations made by the Secretary of State may impose
requirements for the purpose of securing that permit schemes are
kept under review.”

10 (1) Section 39 (interpretation of Part 3) is amended as follows.

(2) 15In subsection (1)—

(a) in paragraph (b) of the definition of “the appropriate national
authority”, for “National Assembly for Wales” substitute “Welsh
Ministers”;

(b) at the appropriate place insert—

• 20““strategic highways company” means a company for
  the time being appointed under Part 1 of the
  Infrastructure Act 2014;”.

(3) In subsection (3), after “power” insert “of the Secretary of State or the Welsh
Ministers”.

(4) 25After subsection (5) insert—

“(6) A statutory instrument containing regulations under this Part made
by the Welsh Ministers is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”

11 (1) This paragraph applies to a permit scheme prepared by a local highway
30authority in England or a strategic highways company which, by virtue of
an order made by the Secretary of State under section 34(4) of the Traffic
Management Act 2004, has effect immediately before the date on which
paragraphs 4 to 10 come into force.

(2) On and after that date, the scheme is to be treated as if it had effect by virtue
35of an order made by the local highway authority or a strategic highways
company under section 33A(2) of that Act.

12 In consequence of the amendments made by paragraph 5, in the
Infrastructure Act 2015, in Schedule 1, omit paragraph 148.

Part 3 40Road humps

13 The Highways Act 1980 is amended as follows.

14 In section 90A (construction of road humps by highway authority), in
subsection (1)(b), for “the Secretary of State” substitute “the appropriate
national authority”.

15 (1) Section 90B (additional powers of Secretary of State and Welsh Ministers) is
5amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Secretary of State” substitute “Welsh
Ministers”;

(b) in the opening words, for “he is” substitute “they are”;

(c) 10in paragraph (b), for “him” substitute “them”;

(d) in the closing words, for “him” substitute “them”.

(3) After subsection (1) insert—

“(1A) Subsection (1) does not apply in relation to the following parts of
Wales—

(a) 15the part of road to which section 329(5) applies;

(b) the part of the M4 Motorway in Wales that comprises “the
new toll plaza area” and “the new bridge”, as defined in
section 39(1) of the Severn Bridges Act 1992.”

(4) In subsection (3)—

(a) 20for “Secretary of State”, in the first place those words occur,
substitute “Welsh Ministers”;

(b) for “Secretary of State has” substitute “Welsh Ministers have”.

(5) In subsection (4), for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (5), for “Secretary of State so directs” substitute “Welsh
25Ministers so direct”.

(7) In subsection (6)—

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

(b) for “his” substitute “their”.

(8) In the heading, for “Secretary of State” substitute “Welsh Ministers”.

16 (1) 30Section 90C (road humps: consultation and local inquiries) is amended as
follows.

(2) In subsection (1)—

(a) for the words from “Where the Secretary of State” to “he, it or they”
substitute “Where a highway authority proposes to construct a road
35hump under section 90A, or the Welsh Ministers propose to
construct a road hump under section 90B, the highway authority or
the Welsh Ministers (as the case may be)”;

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

(c) in paragraph (b)—

(i) 40omit “other”;

(ii) for “the Secretary of State” substitute “the appropriate
national authority”.

(3) For subsection (2) substitute—

“(2) The highway authority or the Welsh Ministers (as the case may be)
shall also comply with such requirements as may be specified in
regulations made by the appropriate national authority in relation
5to—

(a) the publication of—

(i) details of proposals to construct road humps, and

(ii) procedures for making objections to such proposals,
and

(b) 10procedures for dealing with such objections.

(2A) Regulations under subsection (2)(b) may, in particular, contain
provision about—

(a) local inquiries in relation to proposals to construct road
humps, and

(b) 15the application of subsections (2) to (5) of section 250 of the
Local Government Act 1972 in relation to such inquiries,
subject to such modifications as may be specified in the
regulations.”

(4) Omit subsections (3) to (5).

(5) 20In subsection (6)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

17 (1) Section 90D (regulations concerning construction and maintenance of road
25humps) is amended as follows.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “The appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

(3) 30In subsection (3)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

(4) In subsection (4)—

(a) 35for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

18 (1) Section 90E (status of road humps) is amended as follows.

(2) In subsection (1B)(a), for “the Secretary of State” substitute “the appropriate
40national authority”.

(3) In subsection (2), in paragraph (a), for “the Secretary of State” substitute “the
appropriate national authority”.

19 In section 90F (meaning of “road hump” and interpretation of sections 90A
to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—

• 45““the appropriate national authority” means—

  Deregulation BillPage 168

  (a)

  the Secretary of State, in relation to England and in
  relation to the following parts of Wales—

  (i)

  the part of road to which section 329(5)
  applies;

  (ii)

  5the part of the M4 Motorway in Wales that
  comprises “the new toll plaza area” and “the
  new bridge”, as defined in section 39(1) of the
  Severn Bridges Act 1992;

  (b)

  the Welsh Ministers, in relation to Wales other than
  10the parts mentioned in paragraph (a)(i) and (ii);”.

20 After section 90F insert—

“90FA Regulations under sections 90C and 90D

(1) Regulations under section 90C or 90D are to be made by statutory
instrument.

(2) 15Regulations under section 90C or 90D may—

(a) include incidental, supplementary, consequential or
transitional provision or savings;

(b) make different provision for different purposes.

(3) A statutory instrument containing regulations made by the Secretary
20of State under section 90C or 90D is subject to annulment in
pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations made by the Welsh
Ministers under section 90C or 90D is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.”

21 25In section 325 (provisions as to regulations, schemes and orders), after
subsection (2A) insert—

“(2B) This section does not apply to regulations under section 90C or 90D
(see section 90FA for provision about such regulations).”

22 In consequence of the amendments made by paragraph 16, in the
30Infrastructure Act 2014, in Schedule 1, omit paragraph 26.

Part 4 Pedestrian crossings: removal of requirement to inform Secretary of State

23 In section 23(2) of the Road Traffic Regulation Act 1984—

(a) omit paragraph (c) (which requires that the Secretary of State or, in
35relation to Wales, the Welsh Ministers be informed in writing before
certain pedestrian crossings are established or removed etc);

(b) omit the “and” before that paragraph.

Part 5 Off-road motoring events

24 40In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences
which do not apply for authorised off-road motoring events), after “2” insert
“, 2B”.

Part 6 Testing of vehicles

25 In section 52 of the Road Traffic Act 1988 (supplementary provisions about
tests etc of goods vehicles), in subsection (2) (which confers power on the
5Secretary of State to provide and maintain stations and apparatus for the
carrying out of examinations of certain goods vehicles), for the words from
“provide and maintain” to the end of the subsection substitute “—

(a) provide and maintain stations where examinations of goods
vehicles under regulations under section 49 or under section
1050 of this Act may be carried out,

(b) designate premises as stations where such examinations may
be carried out, and

(c) provide and maintain apparatus for the carrying out of such
examinations.”

26 (1) 15Section 46 of that Act (provision which may be included in regulations
under section 45 of that Act about tests of the condition of vehicles other than
certain goods vehicles) is amended as follows.

(2) In subsection (1), after paragraph (j) insert—

“(ja) the charges to be paid to the Secretary of State by persons
20occupying premises designated under section 8(3)(b) of the
Public Passenger Vehicles Act 1981 as stations where
inspections of public service vehicles may be carried out
where the charges are in connection with—

(i) the provision by the Secretary of State of vehicle
25examiners to examine public service vehicles on the
premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
public service vehicles carried out on the premises,

(iii) 30the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, omit the “and” at the end of paragraph (k) and insert—

“(ka) the keeping by persons mentioned in paragraph (ja) of
35registers of test certificates in the prescribed form and
containing the prescribed particulars, and the inspection of
such registers by such persons and in such circumstances as
may be prescribed,”.

(4) In that subsection, after paragraph (l) insert “, and

(m) 40the keeping of records by persons mentioned in paragraph
(ja) and the providing by them of returns and information to
the Secretary of State.”

(5) In subsection (4), after “subsection (1)(j)” insert “or (ja)”.

27 (1) Section 51 of that Act (particular aspects of regulations under section 49 of
45that Act dealing with the testing of certain goods vehicles etc) is amended as
follows.