Deregulation Bill (HL Bill 95)

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

“(ka) make provision as to the charges to be paid to the Secretary
of State by persons occupying premises designated under
section 52(2)(b) as stations where examinations of goods
5vehicles may be carried out where the charges are in
connection with—

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

(ii) the issue of test certificates or notifications of the
10refusal of test certificates in respect of examinations of
goods vehicles carried out on the premises,

(iii) the 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) 15In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2))
insert—

“(kb) make provision as to the keeping by persons mentioned in
paragraph (ka) of registers of test certificates in the
prescribed form and containing the prescribed particulars,
20and the inspection of such registers by such persons and in
such circumstances as may be prescribed,

(kc) make provision as to the keeping of records by persons
mentioned in paragraph (ka) and the providing by them of
returns and information to the Secretary of State,”.

(4) 25After subsection (1) insert—

“(1A) The provision which may be made by virtue of subsection (1)(ka)
above includes provision requiring—

(a) the making to the Secretary of State at prescribed times of
payments, of such amounts as may be determined by him in
30accordance with regulations, on account of charges that may
become payable, and

(b) where forms for test certificates and notifications of the
refusal of test certificates are supplied by the Secretary of
State, the payment to him of charges for the supply of such
35forms,

and for the repayment, in prescribed circumstances, of such
payments received by the Secretary of State.”

Part 7 Rail vehicle accessibility regulations: exemption orders

28 40The Equality Act 2010 is amended as follows.

29 (1) Section 183 (exemptions from rail vehicle accessibility regulations) is
amended as follows.

(2) Omit subsection (3) (power to make regulations as to exemption orders:
applications etc).

(3) After subsection (6) insert—

“(7) Section 207(2) does not require an exemption order to be made by
statutory instrument; but such an order is as capable of being
amended or revoked as an order made by statutory instrument.”

30 5In consequence of paragraph 29—

(a) omit section 184 (procedure for making exemption orders);

(b) in section 185 (annual report on exemption orders)—

(i) omit subsection (1)(b);

(ii) in subsection (2)(b), for “sections 183(4) and 184(2)” substitute
10“section 183(4)”;

(c) in section 208 (Ministers of the Crown, etc)—

(i) omit subsection (5)(g);

(ii) omit subsection (7)(a).

31 (1) This paragraph applies to an exemption order made by statutory instrument
15under section 183(1) of the Equality Act 2010, or treated as so made, before
the date on which paragraph 29(3) comes into force.

(2) The order is to be treated as having been made otherwise than by statutory
instrument; but is to be as capable of being amended or revoked as an order
made by statutory instrument.

Section 51

20SCHEDULE 11 Enforcement of transport legislation

Part 1 Drink and drug driving offences

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

1 (1) 25In 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) In the Road Traffic Act 1988—

(a) 30for 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) in section 195(4), omit “8(3),”;

(e) 35in 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
railways 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
5substitute “Breath specimen showing higher alcohol level to be
disregarded”.

No 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)
10substitute—

“(2) A constable may make a requirement under this section to provide
specimens 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
156(5) of this Act applies, or

(c) the constable is in uniform.”

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

(4) After subsection (2C) insert—

“(2CA) For the purposes of subsection (2C) “a relevant breath test” is a
20procedure 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) 25A constable may arrest a person without warrant if—

(a) the 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.”

30Removing restriction that evidential breath test must be taken at police station: rail transport

4 (1) In 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) 35A constable may make a requirement under this section to provide
specimens 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) 40A constable may arrest a person without warrant if—

(a) the 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 In section 7 of the Road Traffic Act 1988 (provision of specimens for
5analysis), 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
for analysis)—

(a) 10in 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).

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

7 15The 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) In subsections (1) and (2)(a), for “a medical practitioner” substitute “a
20medical 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”
25substitute “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) 30In 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
  35engaged 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 40In 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
paragraph substitute “by a medical practitioner or a registered health
care professional”;

(b) in paragraph (b), after “medical practitioner” insert “or a registered
5health care professional”.

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

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

(2) 10In 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) 15In 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) In subsection (2)(b)(ii), omit “medical”.

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

(7) 20For subsection (7) substitute—

“(7) In 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
  25practitioner, or a registered health care professional, who is
  engaged 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
30specimen of blood), omit “by a medical practitioner or, if it is taken in a
police 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) 35After 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
intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) 40The 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—

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

  Deregulation BillPage 175

  (a)

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

  (b)

  subsection (3).

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

(5) 5In 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
  10treated as a reference to the circumstances in which
  the following provision of this table applies:
  paragraph (c) of the modifications specified for
  section 6 of the 1988 Act.”;

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

(6) 15In 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) In 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) 20before 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
25sections 3A to 5A”;

(b) after the first sentence insert—

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

(c) after the last sentence insert—

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

15 30In 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) In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol
and drugs), section 96 (specimens, etc) is amended as follows.

(2) 35After 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
intention expressed in this Part or in any other enactment, references
to those provisions as amended from time to time.”

(3) 40The 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—

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

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  (a)

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

  (b)

  subsection (3).

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

(5) 5In 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
  10treated 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) 15In 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) 20in 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) 25in 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) after the last sentence insert—

• 30“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
for bus lane contraventions) has effect as if in subsection (3)(b), for the words
35from “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
of section 144 of the Transport Act 2000 by Part 1 of Schedule 12 to the Traffic
40Management 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
purposes 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 5In 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
10purposes 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
15as is a civil enforcement area for parking contraventions.”

Section 57

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
20subsection (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
25a 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
30amenities 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
35comply,

(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
40within 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
comply with the same or a similar requirement.

(4) Where a written warning has been served in respect of a failure to
5comply 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
requirement identified in the warning within the period specified by
virtue of subsection (3)(d).

(5) 10Where 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
penalty 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
15year 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
notice is served on the person under section 20C(5) in respect
of the failure to comply that is continuing and ending with—

(i) 20where 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
by the person against the requirement is dismissed or
withdrawn;

(ii) 25where 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) 30Where a written warning has been served, whether or not 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, within the period of one year
beginning with the day the written warning was served—

(a) 35the person has again failed without reasonable excuse to
comply 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
40with a requirement that is similar to the one 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).

(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
45satisfied of the matters mentioned in the subsection.

(9) A 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
section 20B.

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

(1) 5It 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
for different cases or classes of case.

(3) The borough councils may make provision for treating a penalty
10charge 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) The Secretary of State may by regulations make provision in
connection with the functions conferred on the borough councils
15under subsections (1) and (3).

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

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

(b) restrict the extent to which, and the circumstances in which,
20the borough councils may make provision under subsection
(3).

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

(7) 25The 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
intent and final notices

(1) 30Before 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) the grounds for proposing to require payment of a penalty
35charge,

(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) A person on whom a notice of intent is served may make
40representations 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
intent is effected.