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

(6) A final notice may not be served on a person by a borough council
5before the expiry of the period of 28 days beginning with the day
service of the notice of intent on the person was effected.

(7) Before serving a final notice on a person, a borough council must
consider any representations made by the person under subsection
(3).

(8) 10The final notice must contain information about—

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

(b) the amount of the penalty charge,

(c) how payment may be made,

(d) the period within which payment is required to be made
15(which must not be less than the period of 28 days beginning
with the day service of the final notice is effected),

(e) any provision giving a discount for early payment made by
virtue of section 20B(3),

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

(g) 20the consequences of not paying the penalty charge.

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

(1) Regulations made by the Lord Chancellor under section 62(2) may
make provision relating to appeals to an adjudicator against a
decision under section 20A to require a person to pay a penalty
25charge.

(2) Until such time as regulations made by virtue of subsection (1) are in
force, regulations under section 80 of the Traffic Management Act
2004 are to apply in relation to appeals of the type described in
subsection (1) with such modifications as are prescribed in
30regulations made by the Secretary of State.

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

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

(5) 40Schedule 4 applies in relation to the administration and enforcement
of section 20A as it applies in relation to the administration and
enforcement of section 61.”

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

(2) 45In subsection (2), omit “subsection (1) of section 20 (regulations relating to
receptacles for household waste) or”.

(3) In subsection (4)—

(a) omit paragraph (e);

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

(4) 5In the heading, after “receptacles for” insert “commercial or industrial”.

Section 58

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

Part 1 Destructive imported animals

10Destructive Imported Animals Act 1932 (c. 12)Destructive Imported Animals Act 1932 (c. 12)

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

(2) In subsection (1), after “and to destroy any which may be at large” insert “or
15keep under review whether any which may be at large should be
destroyed”.

(3) After subsection (1) insert—

“(1A) The power in subsection (1) (like the power in subsection (1) of
section one of this Act) includes power to revoke or amend an order
20made under that subsection.”

Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 (S.I. 1937/478S.I. 1937/478)

2 (1) Article 1 of the Grey Squirrels (Prohibition of Importation and Keeping)
Order 1937 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) 25After that paragraph insert—

“(2) In the application of the Destructive Imported Animals Act 1932 in
relation to animals of that species, there shall be omitted—

(a) section 5(2), and

(b) in section 6(1), paragraph (f) and the reference to a penalty
30in the case of an offence under paragraph (f).”

Part 2 Farriers

Constitution of Farriers Registration Council

3 In Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 (constitution of
35the Farriers Registration Council), in paragraph 1(f)—

(a) for “The Jockey Club” substitute “The British Horseracing Authority
Limited”;

(b) for “The Council for Small Industries in Rural Areas” substitute
“Lantra (the company registered in England and Wales with the
5company registration number 2823181)”.

Part 3 Joint waste authorities

Removal of power to establish joint waste authorities in England

4 In the Local Government and Public Involvement in Health Act 2007, in Part
1011 (joint waste authorities), omit sections 205 to 208 (provisions relating to
the establishment of joint waste authorities in England).

5 The provisions repealed by paragraph 4 continue to have effect for the
purposes of the exercise by the Welsh Ministers of the power conferred on
them by section 210 of the Local Government and Public Involvement in
15Health Act 2007 (power by order to make provision in relation to Wales
applying any provisions of sections 205 to 208 with modifications).

6 (1) The following amendments are made in consequence of paragraph 4.

(2) In the Landlord and Tenant Act 1954, in section 69(1), in the definition of
“local authority”, omit the words from “an authority” to “(joint waste
20authorities),”.

(3) In the Trustee Investments Act 1961, in section 11(4)(a), omit the words from
“, an authority” to “(joint waste authorities)”.

(4) In the Leasehold Reform Act 1967, in section 28(5)(a), omit the words from
“any authority” to “(joint waste authorities),”.

(5) 25In the Employers’ Liability (Compulsory Insurance) Act 1969, in section
3(2)(b), omit the words from “an authority” to “(joint waste authorities),”.

(6) In the Local Authorities (Goods and Services) Act 1970, in section 1(4), in the
definition of “local authority”, omit the words from “, any authority” to
“(joint waste authorities)”.

(7) 30In the Local Government Act 1972—

(a) in section 70(1) and (3), for “, combined authority or joint waste
authority” substitute “or combined authority”;

(b) in section 80(2)(b), omit “, joint waste authority”;

(c) in section 85(4), for “, a combined authority and a joint waste
35authority” substitute “and a combined authority”;

(d) in section 86(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(e) in section 92, omit subsections (7A) and (7B);

(f) in section 100J—

(i) 40in subsection (1), omit paragraph (ba);

(ii) in subsections (2) and (3), omit “(ba),”;

(iii) in subsection (4)(a), omit “, a joint waste authority”;

(g) in section 101(13), omit “a joint waste authority,”;

(h) in section 146A(1), omit “a joint waste authority,”;

(i) in section 175(3B), omit “, a joint waste authority”;

(j) in section 176(3), omit “, a joint waste authority”;

(k) in section 223(2), omit “a joint waste authority,”;

(l) in section 224(2), for “, combined authority or joint waste authority”
5substitute “or combined authority”;

(m) in section 225(3), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(n) in section 228, omit subsection (7B);

(o) in section 229(8), omit “, a joint waste authority”;

(p) 10in section 230(2), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(q) in section 231(4), omit “, a joint waste authority”;

(r) in section 232(1A), omit “, a joint waste authority”;

(s) in section 233(11), omit “, a joint waste authority”;

(t) 15in section 234(4), omit “, a joint waste authority”;

(u) in section 239(4A), for “, a combined authority and a joint waste
authority” substitute “and a combined authority”;

(v) in section 270(1), omit the definition of “joint waste authority”.

(8) In the Employment Agencies Act 1973, in section 13(7), omit paragraph (fza).

(9) 20In the Local Government Act 1974—

(a) in section 25(1), omit paragraph (cd);

(b) in section 26C(6), omit paragraph (d).

(10) In the Health and Safety at Work etc. Act 1974, in section 28(6), omit the
words from “, an authority” to “(joint waste authorities)”.

(11) 25In the Local Government (Miscellaneous Provisions) Act 1976, in section
44(1), in the definition of “local authority”—

(a) in paragraph (a), omit the words from “, an authority” to “(joint
waste authorities)”;

(b) in paragraph (c), omit the words from “an authority” (in the second
30place where it occurs) to “(joint waste authorities),”.

(12) In the Rent (Agriculture) Act 1976, in section 5(3), omit paragraph (bba).

(13) In the Rent Act 1977, in section 14(1), omit paragraph (cba).

(14) In the Local Government, Planning and Land Act 1980—

(a) in section 2(1), omit paragraph (kaa);

(b) 35in section 98(8A), omit paragraph (ea) (but not the “and” following
it);

(c) in section 99(4), omit paragraph (dba);

(d) in section 100(1)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
40established under section 103 of that Act”;

(e) in Schedule 16, omit paragraph 5BA.

(15) In the Acquisition of Land Act 1981, in section 17(4), in paragraph (a) of the
definition of “local authority”, for the words from “, a combined authority”
to the end of the paragraph substitute “or a combined authority established
45under section 103 of the Local Democracy, Economic Development and
Construction Act 2009”.

(16) In the Local Government (Miscellaneous Provisions) Act 1982—

(a) in section 33(9)(a), for the words from “, a combined authority” to
“(joint waste authorities)” substitute “or a combined authority
established under section 103 of that Act”;

(b) 5in section 33(9)(b), for “, combined authority or joint waste authority”
substitute “or combined authority”;

(c) in section 41(13), in the definition of “local authority”, omit
paragraph (ea) (but not the “and” following it).

(17) In the Stock Transfer Act 1982, in Schedule 1, in paragraph 7(2)(a), omit the
10words from “, an authority” to “(joint waste authorities)”.

(18) In the County Courts Act 1984, in section 60(3), in the definition of “local
authority”, omit the words from “an authority” to “(joint waste
authorities),”.

(19) In the Housing Act 1985, in section 4—

(a) 15in subsection (1)(e), omit “, a joint waste authority” (in both places it
occurs);

(b) in subsection (2), omit the definition of “joint waste authority”.

(20) In the Landlord and Tenant Act 1985, in section 38, in the definition of “local
authority”, omit the words from “, an authority” to “(joint waste
20authorities)”.

(21) In the Local Government Act 1988, in Schedule 2, omit the entry relating to
an authority established for an area in England by an order under section
207 of the Local Government and Public Involvement in Health Act 2007.

(22) In the Housing Act 1988, in Schedule 1, in paragraph 12(1), omit paragraph
25(fa).

(23) In the Road Traffic Act 1988, in section 144(2)(a)(i), omit the words from “an
authority” to “(joint waste authorities),”.

(24) In the Local Government and Housing Act 1989—

(a) in section 21(1), omit paragraph (ga);

(b) 30in section 152(2), omit paragraph (ia).

(25) In the Environmental Protection Act 1990, in section 52(1A), omit the words
from “or any authority” to the end of the subsection.

(26) In the Local Government (Overseas Assistance) Act 1993, in section 1(10),
omit paragraph (da).

(27) 35In the Deregulation and Contracting Out Act 1994, in section 79A, omit
paragraph (p).

(28) In the Housing Grants, Construction and Regeneration Act 1996, in section
3(2), omit paragraph (ja).

(29) In the Audit Commission Act 1998, in Schedule 2, in paragraph 1, omit
40paragraph (ma).

(30) In the Local Government Act 1999, in section 1(1), omit paragraph (ga).

(31) In the Freedom of Information Act 2000, in Schedule 1, omit paragraph 15A.

(32) In the Local Government Act 2003—

(a) in section 23(1), omit paragraph (ka);

(b) in section 33(1), omit paragraph (ja).

(33) In the Waste and Emissions Trading Act 2003, in section 24—

(a) in subsection (5), for the words before ““waste disposal authority””
5substitute “In this Chapter”;

(b) omit subsections (6) and (7).

(34) In the Local Government and Public Involvement in Health Act 2007—

(a) in section 104(2), omit paragraph (g);

(b) omit sections 209 and 211 and Schedule 13;

(c) 10in section 240(6), omit “, 207”.

(35) In the Local Democracy, Economic Development and Construction Act
2009—

(a) in section 35(2), omit paragraph (m);

(b) in section 123(2), omit paragraph (f).

15Part 4 Air quality

Removal of duty to conduct further air quality assessments

7 In the Environment Act 1995, in section 84 (duties of local authorities in
relation to designated areas)—

(a) 20omit subsection (1) (duty of local authority to cause further
assessment to be made in relation to air quality in designated air
quality management area);

(b) in subsection (2), for the words from the beginning to “to” at the
beginning of paragraph (b) substitute “Where an order under section
2583 above comes into operation, the local authority which made the
order shall”.

8 (1) The following amendments are made in consequence of paragraph 7.

(2) In the Environment Act 1995—

(a) in section 86(2)(b), omit “or 84”;

(b) 30in section 91(1), in the definition of “action plan”, for “84(2)(b)”
substitute “84(2)”;

(c) in Schedule 11, in paragraphs 1(1)(b) and 4(2)(b), omit “or 84”.

Part 5 Noise abatement zones

35Removal of power of local authorities to designate area as noise abatement zone

9 Part 3 of the Control of Pollution Act 1974 (noise) is amended in accordance
with paragraphs 10 to 14.

10 Omit section 57 (local authority duty to conduct periodical inspections to
decide how to exercise powers concerning noise abatement zones).

11 40Omit sections 63 to 67 (noise abatement zones).

12 Omit section 69 (execution of works by local authority).

13 In section 73 (interpretation and other supplementary provisions)—

(a) in subsection (1), omit the definitions of “noise abatement order”,
“noise abatement zone”, “noise level register”, “noise reduction
5notice” and “person responsible”;

(b) in subsection (2), for “sections 62 to 67” (in both places where it
occurs) substitute “section 62”.

14 Omit Schedule 1 (provisions applying to coming into operation of noise
abatement orders).

15 (1) 10The following repeals are made in consequence of paragraphs 11 and 14.

(2) In the Control of Pollution Act 1974, in section 104(1), omit the words from
“(except sections” to “65(6))”.

(3) In the Local Government, Planning and Land Act 1980, in Schedule 2, omit
paragraphs 14 and 18.

(4) 15In the Environmental Protection Act 1990, in Schedule 15, omit paragraph
15(4).

Section 63

SCHEDULE 14 Abolition of office of the Chief Executive of Skills Funding

Part 1 20Main amendments

1 Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 (the
Chief Executive of Skills Funding) is amended as follows.

2 Omit section 81 (the Chief Executive of Skills Funding) and the italic cross-
heading before it.

3 25Omit section 82 (apprenticeship functions) and the italic cross-heading
before it.

4 In section 83 (apprenticeship training for certain young persons), in each of
subsections (1) to (3), for “Chief Executive” substitute “Secretary of State”.

5 (1) Section 83A (the apprenticeship offer) is amended as follows.

(2) 30In each of subsections (1) and (9), for “Chief Executive” substitute “Secretary
of State”.

(3) Omit subsection (10).

6 In section 83B (limit on scope of the apprenticeship offer), in each of
subsections (1) and (5), for “Chief Executive” substitute “Secretary of State”.

7 35Omit section 84 (arrangements and co-operation with local authorities).

8 Omit section 85 (provision of apprenticeship training etc for persons within
section 83 or 83A).

9 (1) Section 86 (education and training for persons aged 19 or over and others
subject to adult detention) is amended as follows.

(2) In subsection (1), for the words from “The” to “facilities” substitute “The
Secretary of State must secure the provision of such facilities as the Secretary
5of State considers appropriate”.

(3) Omit subsections (3), (4) and (8).

10 (1) Section 87 (learning aims for persons aged 19 or over: provision of facilities)
is amended as follows.

(2) In subsection (1), for the words from “The” to “facilities” substitute “The
10Secretary of State must secure the provision of such facilities as the Secretary
of State considers appropriate”.

(3) In subsection (3)(b), for “Chief Executive” substitute “Secretary of State”.

(4) Omit subsections (4) and (5).

11 In section 88 (learning aims for persons aged 19 or over: payment of tuition
15fees), in each of subsections (1), (2), (2A), (3), (4) and (6)(a), for “Chief
Executive” substitute “Secretary of State”.

12 In section 90 (encouragement of education and training for certain persons),
in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) 20for “Chief Executive’s remit” (in each place where it occurs)
substitute “Secretary of State’s remit under this Part”.

13 (1) Section 100 (provision of financial resources) is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Chief Executive” substitute “Secretary of
25State”;

(b) in paragraph (a), for “Chief Executive’s remit” substitute “Secretary
of State’s remit under this Part”;

(c) omit paragraph (f).

(3) Omit subsection (2).

(4) 30In subsection (3)—

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

(b) in paragraph (c), for “Chief Executive” substitute “Secretary of
State”.

(5) 35In subsection (4), for “Chief Executive” substitute “Secretary of State”.

14 (1) Section 101 (financial resources: conditions) is amended as follows.

(2) In subsection (1), for “by the Chief Executive” substitute “by the Secretary of
State under section 100”.

(3) In subsection (3)—

(a) 40in paragraph (a), for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(b) in paragraph (b)—

(i) for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(ii) for “the functions of the office” substitute “functions under
this Part”.

(4) 5In subsection (6)—

(a) in paragraph (a), for “Chief Executive” (in each place where it occurs)
substitute “Secretary of State”;

(b) in paragraph (b), for “Chief Executive” substitute “Secretary of
State”.

15 (1) 10Section 102 (performance assessments) is amended as follows.

(2) In subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “Chief Executive’s remit” substitute “Secretary of State’s remit
under this Part”.

16 (1) Section 103 (means tests) is amended as follows.

(2) In subsection (1), for “The Chief Executive” substitute “For the purpose of
the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of
State”.

(3) 20Omit subsection (2).

17 In section 105 (promoting progression from level 2 to level 3
apprenticeships), in each of subsections (1) and (6), for “Chief Executive”
substitute “Secretary of State”.

18 Omit section 106 (advice and assistance in relation to apprenticeships).

19 (1) 25Section 107 (provision of services) is amended as follows.

(2) In each of subsections (1) and (3) for “Chief Executive” (in each place where
it occurs) substitute “Secretary of State”.

(3) In subsection (4), omit paragraph (a).

(4) Omit subsection (5).

(5) 30In subsection (6), for “Chief Executive” substitute “Secretary of State”.

20 Omit sections 108 and 109 (advice and assistance with respect to
employment and training).

21 Omit section 110 (research, information and advice) and the italic cross-
heading before it.

22 35Omit section 111 (power to confer supplementary functions on Chief
Executive).

23 In section 115 (persons with learning difficulties), in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “the functions of the office” substitute “functions under this Part”.

24 40In section 116 (persons subject to adult detention)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “the functions of the office” substitute “functions under this Part”.

25 Omit sections 117 to 120 (information, guidance and directions).

26 Before section 121 (in Chapter 4) insert—

“120A Territorial application of Part

5The functions of the Secretary of State under this Part, other than the
functions conferred by section 107, are exercisable in relation to
England only.”

27 (1) Section 121 (interpretation) is amended as follows.

(2) In subsection (1), omit the definition of “functions of the office”.

(3) 10In each of subsections (2) and (3), for “the Chief Executive’s remit” substitute
“the Secretary of State’s remit under this Part”.

28 In section 122 (sharing of information for education and training
purposes)—

(a) omit subsection (3)(a), (c), (d) and (e);

(b) 15in subsection (3)(f), for “any person within paragraphs (a) to (c)”
substitute “the Secretary of State”;

(c) omit subsection (5)(a);

(d) omit subsection (6).

29 Omit Schedule 4 (which makes provision for the establishment etc of the
20office of the Chief Executive).

30 In Schedule 5 (learning aims for persons aged 19 or over)—

(a) in paragraph 3(2), for “Chief Executive” (in each place where it
occurs) substitute “Secretary of State”;

(b) in paragraph 8, omit paragraph (a).

31 25In consequence of the amendments made by this Schedule to Part 4—

(a) for the title of the Part substitute “Apprenticeships and adult
education and training: role of Secretary of State”;

(b) for the title of Chapter 1 substitute “Apprenticeships and adult
education and training”;

(c) 30for the title of Chapter 2 substitute “Provision of services to other
bodies”;

(d) in the title of Chapter 3, omit “Chief Executive’s functions:”.

Part 2 Consequential Amendments

35Parliamentary Commissioner Act 1967 (c.13)1967 (c.13)

32 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry for the Chief Executive of Skills
Funding.