Deregulation Bill (HL Bill 95)

of the substance to Northern Ireland or export of it from the United
Kingdom.

3B Supply of regulated poisons other than by pharmacists

(1) A person commits an offence if the person supplies a regulated
5poison to a member of the general public other than in the
circumstances described in subsection (2).

(2) Those circumstances are—

(a) the person is lawfully conducting a retail pharmacy business,

(b) the supply is made on premises that are a registered
10pharmacy, and

(c) the supply is made by or under the supervision of a
pharmacist.

(3) A person commits an offence if the person supplies a regulated
poison to a member of the general public without complying with
15the record-keeping requirements before delivering the poison.

(4) The record-keeping requirements are—

(a) the person must make an entry (or cause an entry to be made)
in a record to be kept by the person for the purposes of this
subsection stating—

(i) 20the date of the supply,

(ii) the name and address of the member of the general
public,

(iii) the name and quantity of the regulated poison
supplied, and

(iv) 25the purposes for which it is stated by the member of
the general public to be required, and

(b) the person must ensure that the member of the general public
signs the entry.

(5) A person does not commit an offence under subsection (1) or (3) if the
30requirements of that subsection do not apply to the person’s case by
virtue of regulations made under section 9B.

3C Reporting of suspicious transactions, disappearance and thefts

(1) A supplier must report any relevant transaction that it makes or
proposes to make if the supplier has reasonable grounds for
35believing the transaction to be suspicious.

(2) A “relevant transaction” is a transaction involving the supply of a
regulated substance or a reportable substance to a customer, whether
an end user or a customer higher up the supply chain and whether a
business or a private customer.

(3) 40A relevant transaction is “suspicious” if there are reasonable grounds
for suspecting that the substance in question—

(a) if it is a regulated explosives precursor or reportable
explosives precursor, is intended for the illicit manufacture of
explosives, or

(b) 45if it is a regulated poison or a reportable poison, is intended
for any illicit use.

(4) In deciding whether there are reasonable grounds for suspecting
such a thing, regard must be had to all the circumstances of the case,
including in particular where the prospective customer—

(a) appears unclear about the intended use of the substance,

(b) 5appears unfamiliar with the intended use of the substance or
cannot explain it plausibly,

(c) intends to buy substances in quantities, combinations or
concentrations uncommon for private use,

(d) is unwilling to provide proof of identity or place of residence,
10or

(e) insists on using unusual methods of payment, including
large amounts of cash.

(5) A person carrying on a trade, business or profession that involves
regulated substances or reportable substances must report the
15disappearance or theft of any such substances if the disappearance or
theft—

(a) is from stocks in the person’s possession, custody or control
in Great Britain, and

(b) is significant.

(6) 20In deciding whether a disappearance or theft is significant, regard
must be had to whether the amount involved is unusual in all the
circumstances of the case.

(7) A duty under this section to “report” something is a duty to give
notice of it to the Secretary of State in accordance with such
25requirements as may be specified by the Secretary of State by
regulations made under this subsection.

(8) A person who fails to comply with subsection (1) or (5) commits an
offence.

(9) A person does not commit an offence under subsection (8) if the
30requirements of subsection (1) or, as the case may be, (5) do not apply
to the person’s case by virtue of regulations made under section 9B.”

5 Omit section 4.

6 After that section insert—

“4A Licences

(1) 35The Secretary of State may grant a licence to a person on application
by that person in accordance with this section.

(2) The licence may permit the person to do one or more of the things
listed in section 3(2) with respect to one or more of the regulated
substances.

(3) 40The term for which a licence is granted must not exceed 3 years, but
this does not affect—

(a) a person’s right to apply for a further licence to take effect on
expiry of that term, nor

(b) any power of the Secretary of State under the terms and
45conditions of the licence to vary, suspend or revoke the
licence before expiry of that term.

(4) The Secretary of State may charge applicants a fee for processing
applications for the grant or amendment of a licence or for the
replacement of any lost, damaged or stolen licence.

(5) The amount of any fees to be charged under subsection (4) must be
5specified in regulations made under subsection (10), and the amount
specified must not exceed the reasonable cost of processing such
applications.

(6) In deciding whether to grant or amend a licence with respect to a
substance, the Secretary of State must have regard to all the
10circumstances of the case, including in particular—

(a) the use intended to be made of the substance,

(b) the availability of alternative substances that would achieve
the same purpose,

(c) the proposed arrangements to ensure that the substance is
15kept securely,

(d) any danger to public safety or public order that may be
caused by possession of the substance, and

(e) whether the applicant is a fit and proper person to possess the
substance.

(7) 20But if there are reasonable grounds for doubting the legitimacy of the
use intended to be made of the substance or the intentions of the user
to use the substance for a legitimate purpose, the Secretary of State
must in any event refuse the application so far as it relates to that
substance.

(8) 25A licence may be granted or amended subject to such terms and
conditions as may be specified in the licence.

(9) Examples of terms and conditions that may be specified include, for
any substances with respect to which the licence is granted, terms
and conditions about—

(a) 30storage,

(b) use,

(c) maximum quantities,

(d) maximum levels of concentration, and

(e) reporting of disappearances or thefts.

(10) 35The Secretary of State may by regulations make provision about the
procedure for applying for and determining applications for the
grant or amendment of licences under this section, including
provision as to—

(a) who may make an application,

(b) 40the form and manner in which an application is to be made
and any documents or evidence that must accompany it,

(c) the amount and payment of any fees,

(d) the supply of any further information or document required
to determine an application,

(e) 45notice and publication of any decision about an application,
and

(f) the procedure for an internal review of any such decision.

4B Recognised non-GB licences

(1) The Secretary of State must publish a list from time to time of
recognised member States (if there are any).

(2) A member State is “recognised” for these purposes if licences granted
5by the competent authority of that State in accordance with the
Precursors Regulation are recognised in the United Kingdom under
Article 7(6) of that Regulation.

(3) References in this Act to a “recognised non-GB licence” are to—

(a) a licence granted in accordance with the Precursors
10Regulation by the competent authority of a member State that
is included in the list (or latest list) published under
subsection (1), or

(b) a licence granted under relevant Northern Ireland legislation.

(4) “Relevant Northern Ireland legislation” means—

(a) 15regulations made under the Explosives Act (Northern
Ireland) 1970 (c.10 (N.I.)) by virtue of the Explosives
(Northern Ireland) Order 1972 (S.I. 1972/730 (N.I. 3)S.I. 1972/730 (N.I. 3)),

(b) any legislative instrument that implements the Precursors
Regulation in Northern Ireland, and

(c) 20any legislative instrument that replaces or supersedes (with
or without modification) anything falling within paragraph
(a) or (b) or this paragraph.

(5) In this section—

(a) references to the Precursors Regulation are to Regulation
25(EU) No 98/2013 of the European Parliament and of the
Council of 15 January 2013 on the marketing and use of
explosives precursors, and

(b) references to a legislative instrument are to—

(i) an Act or instrument made under an Act, or

(ii) 30any Northern Ireland legislation or instrument made
under Northern Ireland legislation.”

7 Omit sections 5 and 6.

8 For section 7 substitute—

“7 Regulations about poisons and explosives precursors

(1) 35The Secretary of State may make provision by regulations about—

(a) the importation, supply, acquisition, possession or use of
substances by or to any person or class of person,

(b) the storage, transportation and labelling of substances,

(c) the containers in which substances may be supplied,

(d) 40the addition to substances of specified ingredients for the
purpose of rendering them readily distinguishable as such,

(e) the compounding of substances, and the supply of
substances on and in accordance with a prescription duly
given by a doctor, a dentist, a veterinary surgeon or a
45veterinary practitioner, or

(f) the period for which any records required to be kept for the
purposes of this Act are to be preserved.

(2) The provision that may be made under subsection (1)(a) includes
provision for any requirement of a kind imposed by section 3, 3A, 3B
or 3C to apply in additional circumstances.

(3) Nothing in subsection (1)(b) to (f), or in subsection (2), is to be read
5as limiting the provision that may be made under subsection (1)(a).

(4) A person who contravenes or fails to comply with any regulations
made under this section commits an offence.

(5) A person does not commit an offence under subsection (4) if the
requirements of the regulation in question do not apply to the
10person’s case by virtue of regulations made under section 9B.

(6) References in this section to “substances” are to regulated substances
and reportable substances.”

9 After section 7 insert—

“7A Proof of lack of knowledge

(1) 15This section applies to the following offences—

(a) an offence under section 3(1),

(b) an offence under section 3A(1), (3) or (4),

(c) an offence under section 3B(1) or (3).

(2) In any proceedings for an offence to which this section applies, it is a
20defence for the accused to prove that the accused neither knew of nor
suspected nor had reason to suspect the existence of some fact
alleged by the prosecution that it is necessary for the prosecution to
prove if the accused is to be convicted of the offence charged.

(3) This is subject to subsection (5).

(4) 25Subsection (5) applies where, in any proceedings for an offence to
which this section applies—

(a) it is necessary, if the accused is to be convicted of the offence
charged, for the prosecution to prove that some substance or
mixture involved in the alleged offence was the regulated
30substance that the prosecution allege it to have been, and

(b) it is proved that the substance or mixture in question was that
regulated substance.

(5) Where this subsection applies—

(a) the accused must not be acquitted of the offence charged by
35reason only of proving that the accused neither knew nor
suspected nor had reason to suspect that the substance or
mixture was the particular regulated substance alleged, but

(b) the accused must be acquitted of the offence charged if—

(i) the accused proves that the accused neither believed
40nor suspected nor had reason to suspect that the
substance or mixture was a regulated substance, or

(ii) the accused proves that the accused believed the
substance or mixture to be a regulated substance such
that, if it had in fact been that regulated substance, the
45accused would not at the material time have been
committing any offence to which this section applies.

(6) Nothing in this section affects any defence that it is open to a person
accused of an offence to which this section applies to raise apart from
this section.”

10 For section 8 substitute—

“8 5Penalties

(1) A person guilty of an offence under section 3(1), 3A(1) or 3B(1) is
liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both);

(b) 10on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 3 months or to a fine (or both),

(ii) in Scotland, to imprisonment for a term not exceeding
3 months or to a fine not exceeding level 5 on the
15standard scale (or both).

(2) A person guilty of an offence under section 3A(3) or (4) is liable on
summary conviction to a fine not exceeding level 2 on the standard
scale.

(3) A person guilty of an offence under section 3B(3) is liable on
20summary conviction to a fine not exceeding level 4 on the standard
scale.

(4) A person guilty of an offence under section 3C(8) is liable on
summary conviction—

(a) in England and Wales, to imprisonment for a term not
25exceeding 3 months or to a fine (or both);

(b) in Scotland, to imprisonment for a term not exceeding 3
months or to a fine not exceeding level 5 on the standard scale
(or both).

(5) A person guilty of an offence under section 7(4) is liable on summary
30conviction—

(a) to a fine not exceeding level 4 on the standard scale, and

(b) in the case of a continuing offence, to a further fine not
exceeding one-tenth of level 4 on the standard scale for every
day subsequent to the day on which the person is convicted
35of the offence during which the contravention or default
continues.

(6) In the case of proceedings against a person for an offence under
section 3A, 3B or 3C, or an offence under section 7(4) in connection
with the supply of a regulated substance or a reportable substance,
40where the act in question was done by an employee—

(a) it is not a defence that the employee acted without the
authority of the employer, and

(b) any material fact known to the employee is deemed to have
been known to the employer.

(7) 45Notwithstanding any provision in any Act, or Act of the Scottish
Parliament, prescribing the period within which summary
proceedings may be commenced, proceedings for an offence under

section 3A(3) or (4), 3B(3), 3C(8) or 7(4) may be commenced at any
time—

(a) within the period of 12 months next after the date of
commission of the offence, or

(b) 5in the case of proceedings instituted by, or by the direction of,
the Secretary of State, within the later to end of—

(i) that 12-month period, and

(ii) the period of 3 months next after the date on which
evidence sufficient in the Secretary of State’s opinion
10to justify a prosecution for the offence comes to the
Secretary of State’s knowledge.

(8) For the purposes of subsection (7)(b)(ii), a certificate purporting to be
signed by the Secretary of State as to the date on which such evidence
came to the Secretary of State’s knowledge is to be conclusive
15evidence of that fact.

(9) A document purporting to be a certificate signed by a person
specified in subsection (10) stating the result of an analysis made by
that person is admissible in any proceedings under this Act as
evidence of the matters stated in the certificate, but either party may
20require the person to be called as a witness.

(10) The persons are—

(a) a public analyst appointed under section 27 of the Food
Safety Act 1990, or

(b) a person appointed by the Secretary of State to make analyses
25for the purposes of this Act.

(11) In the application of this section to Scotland, subsections (7) and (8)
have effect as if the references to the Secretary of State were
references to the Lord Advocate.

(12) In relation to an offence committed before section 85(1) of the Legal
30Aid, Sentencing and Punishment of Offenders Act 2012 comes into
force—

(a) the reference in subsection (1)(b)(i) to a fine is to be read as a
reference to a fine not exceeding the statutory maximum;

(b) the reference in subsection (4)(a) to a fine is to be read as a
35reference to a fine not exceeding level 5 on the standard scale.

8A Offences by bodies corporate etc

(1) If an offence under this Act is committed by a body corporate and is
proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of—

(a) 40a director, manager, secretary or other similar officer of the
body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence and
liable to be proceeded against and punished accordingly.

(2) 45The reference in subsection (1) to a director, in relation to a body
corporate whose affairs are managed by its members, is a reference
to a member of the body corporate.

(3) If an offence under this Act is committed by a Scottish partnership
and is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of—

(a) a partner, or

(b) 5any person who was purporting to act in that capacity,

that person, as well as the partnership, is guilty of the offence and
liable to be proceeded against and punished accordingly.”

11 (1) Section 9 (inspection and enforcement) is amended as follows.

(2) For subsection (4) substitute—

“(4) 10An inspector appointed by the General Pharmaceutical Council
under article 8(1) of the Pharmacy Order 2010 may at all reasonable
times—

(a) enter any registered pharmacy to ascertain whether an
offence under section 3A, 3B, 3C or 7(4) has been committed
15by a pharmacist or a person carrying on a retail pharmacy
business;

(b) enter any suspicious premises to ascertain whether either of
the following offences has been committed—

(i) an offence under section 3B, or

(ii) 20an offence under section 7(4) in relation to
contravention of any regulations that relate solely to
regulated poisons.

(4A) “Suspicious premises” are premises in which the inspector has
reasonable cause to suspect that an offence mentioned in subsection
25(4)(b) has been committed.

(4B) An inspector appointed by the General Pharmaceutical Council
under article 8(1) of the Pharmacy Order 2010 may also make such
examination and inquiry and do such other things (including the
taking, on payment, of samples) as may be necessary for ascertaining
30any of the things mentioned in subsection (4)(a) and (b).”

(3) Omit subsections (5) to (7).

12 After section 9 insert—

“9A Application of PACE powers

As regards England and Wales, sections 8, 17 and 18 of the Police and
35Criminal Evidence Act 1984 (powers of entry and search) apply in
relation to an offence under section 3A(3) or (4), 3B(3), 3C(8) or 7(4)
of this Act as in relation to an indictable offence.”

13 After section 9A (inserted by paragraph 12) insert—

“9B Power to disapply requirements or exclusions in specified
40circumstances

(1) The Secretary of State may by regulations provide—

(a) that some or all of the requirements of this Act do not apply
in circumstances specified in the regulations;

(b) that either or both of the exclusions do not apply in
45circumstances specified in the regulations.

(2) The power in subsection (1) may be exercised in relation to a
substance or group of substances, in relation to persons or a class of
persons or in any other way.

(3) When exercising the power in relation to a substance or group of
5substances, the regulations may for example provide that the
requirements or exclusions in question do not apply to the substance,
or substances in the group, where the substance—

(a) is intended for use for a specified purpose, or

(b) is contained in a specified substance, mixture or article, or

(c) 10is prepared in a specified manner or form, or

(d) is so intended, contained or prepared and is present in a
concentration that is no higher than a specified limit.

(4) Nothing in subsection (2) or (3) is to be read as limiting the provision
that may be made under subsection (1).

(5) 15In this section—

(a) “the exclusions” means the exclusions in section 2 for
substances that are medicinal or contained in a specific object,

(b) “the requirements of this Act” means the requirements of
section 3, 3A, 3B or 3C or of regulations under section 7,

(c) 20“specified” includes described,

(d) references to a substance also include a mixture, and

(e) references to a group of substances includes a group
comprising all the substances listed in Schedule 1A.”

14 For section 10 substitute—

“10 25Regulations

(1) Any power to make regulations under this Act includes power—

(a) to make different provision for different purposes,

(b) to make consequential, incidental or supplemental provision,
and

(c) 30to make transitional, transitory or saving provision.

(2) Any power to make regulations under this Act is exercisable by
statutory instrument.

(3) An instrument containing regulations under this Act is subject to
annulment in pursuance of a resolution of either House of
35Parliament.”

15 (1) Section 11 (interpretation) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit the definitions of—

• “the board”

• 40“local authority’s list”

• “Poisons Rules”

• “prescribed”

• “sale by way of wholesale dealing”.

(4) In that subsection, insert the following definitions in the appropriate place
alphabetically—

• ““Great Britain” includes the territorial sea of the United Kingdom
  other than the part adjacent to Northern Ireland;”,

• 5““licence” (other than in the expression “recognised non-GB licence”
  and in section 4B) means a licence granted under section 4A;”,

• ““member of the general public” has the meaning given in section 3;”,

• ““mixture” means a mixture or solution composed of two or more
  substances;”,

• 10““recognised non-GB licence” has the meaning given in section 4B;”,

• ““regulated substance”, “regulated explosives precursor” and
  “regulated poison” have the meanings given in section 2;”,

• ““reportable substance”, “reportable explosives precursor” and
  “reportable poison” have the meanings given in section 2;”, and

• 15““substance” means a chemical element and its compounds in the
  natural state or obtained by any manufacturing process—

  (a)

  including any additive necessary to preserve its stability and
  any impurity deriving from the process used, but

  (b)

  excluding any solvent that may be separated without
  20affecting the stability of the substance or changing its
  composition;”.

(5) In that subsection, in the definition of “retail pharmacy business”, for
“section 132(1) of the Medicines Act 1968” substitute “regulation 8 of the
Human Medicines Regulations 2012 (S.I. 2012/1916S.I. 2012/1916)”.

(6) 25After subsection (2) insert—

“(3) In relation to a regulated substance or a reportable substance, any
reference to the substance is a reference to the substance or the
mixture, as the case may be.

(4) References in this Act to supplying something include any kind of
30supply or making available, whether in return for payment or free of
charge.”

16 After Schedule 1 (which is omitted by paragraph 1 of this Schedule) insert—

“Schedule 1A Regulated substances and reportable substances

Part 1 35Regulated explosives precursors

Part 2 10Regulated poisons

25Part 3 Reportable explosives precursors

• Hexamine (CAS RN 100-97-0)

• Sulphuric acid (CAS RN 7664-93-9)

• Acetone (CAS RN 67-64-1)

• 30Potassium nitrate (CAS RN 7757-79-1)

Deregulation BillPage 222

• Sodium nitrate (CAS RN 7631-99-4)

• Calcium nitrate (CAS RN 10124-37-5)

• Calcium ammonium nitrate (CAS RN 15245-12-2)

• Ammonium nitrate (CAS RN 6484-52-2) in concentration of 16% by
  5weight of nitrogen in relation to ammonium nitrate or higher

Part 4 Reportable poisons

Section 98

SCHEDULE 20 Removal of consultation requirements

Part 1 Measures affecting England only

35National Parks and Access to the Countryside Act 1949: making of byelaws

1 In section 91 of the National Parks and Access to the Countryside Act 1949
(default powers of Secretary of State as to certain byelaws), in the proviso to
subsection (1) (beginning with the words “Provided that”)—

(a) after “natural beauty” insert “in Wales”;

(b) 40omit “Natural England (as regards land or waterways in England)
or”;

(c) omit “(as regards land or waterways in Wales)”.

Pests Act 1954: designation of rabbit clearance areas

2 In section 1 of the Pests Act 1954 (designation of rabbit clearance areas), after
45subsection (11) insert—

“(11A) The requirement in subsection (11)(a) does not apply to an order
which applies only in relation to England.”

Agriculture and Horticulture Act 1964: grading etc of horticultural produce

3 In section 23 of the Agriculture and Horticulture Act 1964 (regulations and
50orders under Part 3 of that Act), after subsection (1) insert—

“(1A) Subsection (1) does not apply to regulations which apply, or to an
order which applies, only in relation to England.”

Control of Pollution Act 1974: reduction of noise from plant or machinery

4 In section 68 of the Control of Pollution Act 1974 (regulations for reducing
55noise from plant or machinery), after subsection (2) insert—

“(2A) Subsection (2) does not apply to regulations which apply only in
relation to England.”

Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements

5 In section 7 of the Agriculture (Miscellaneous Provisions) Act 1976
60(metrication of measurements), after subsection (4) insert—

“(4A) Subsection (4) does not apply to regulations which make
amendments that apply only in relation to England.”

Forestry Act 1979: metrication of measurements

6 In section 2 of the Forestry Act 1979 (metrication of measurements), in
subsection (4), for the words from “Before” to “the appropriate authority”
substitute “Before any such regulations are made by the Welsh Ministers,
5they”.

Derelict Land Act 1982: grants for reclaiming or improving derelict land etc

7 (1) In section 1 of the Derelict Land Act 1982 (powers of Secretary of State to
make grants for reclaiming or improving derelict land etc), omit subsection
(6A).

(2) 10In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 99.

Horticultural Produce Act 1986: movement of horticultural produce

8 In section 3 of the Horticultural Produce Act 1986 (orders to amend that Act
in connection with the movement of horticultural produce), after subsection
15(2) insert—

“(2A) Subsection (2) does not apply to an order which makes amendments
that apply only in relation to England.”

Housing Act 1988: designation of Housing Action Trust Areas

9 In section 61 of the Housing Act 1988 (consultation and publicity prior to the
20designation of a housing action trust area), in subsection (1) (which requires
consultation with every local housing authority any part of whose district is
to be included in the proposed designated area), after “designation order”
insert “in relation to Wales”.

Land Drainage Act 1991: codes of practice

10 25In section 61E of the Land Drainage Act 1991, after subsection (4) insert—

“(5) Subsection (4) does not apply to an order which applies only in
relation to England.”

Environment Act 1995: National Park grant

11 (1) In section 72 of the Environment Act 1995 (National Park grant), in
30subsection (2)—

(a) after “National Park authority” insert “in Wales”;

(b) omit the words from “, according to whether” to “Natural England
or”.

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
35Communities Act 2006, in Schedule 11, omit paragraph 144.

Environment Act 1995: hedgerows

12 In section 97 of the Environment Act 1995 (hedgerows), after subsection (6)

insert—

“(6A) Subsection (6)(d) does not apply to regulations which apply only in
relation to England.”

Environment Act 1995: environmental subordinate legislation

13 5Omit section 99 of the Environment Act 1995 (consultation before making or
modifying certain subordinate legislation for England).

Local Government Act 1999: keeping of accounts by best value authorities

14 (1) In section 23 of the Local Government Act 1999 (regulations about the
keeping of accounts by best value authorities), omit subsection (4).

(2) 10In consequence of sub-paragraph (1), if that sub-paragraph comes into force
before paragraph 123(c) of Schedule 12 to the Local Audit and
Accountability Act 2014, in the Public Audit (Wales) Act 2004, in Schedule 1,
omit paragraph 14.

Countryside and Rights of Way Act 2000: grants to conservation boards

15 (1) 15In section 91 of the Countryside and Rights of Way Act 2000 (grants to
conservation boards), omit subsection (2).

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 164(e).

Fire and Rescue Services Act 2004: schemes for combining fire and rescue authorities

16 (1) 20The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), after
subsection (6) insert—

“(6A) The duty to consult under subsection (6) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
25in England, and

(b) the variation or revocation has been proposed by the fire and
rescue authority.”

(3) In section 4 (which makes provision for the continuation, variation and
revocation of schemes for combining fire authorities under the Fire Services
30Act 1947), after subsection (5) insert—

“(5A) The duty to consult under subsection (5) does not apply if—

(a) the scheme constituted a fire and rescue authority for an area
in England, and

(b) the variation or revocation has been proposed by the fire and
35rescue authority.”

Part 2 Measures affecting England and Wales

Water Industry Act 1991: provision of sewers

17 In section 101A of the Water Industry Act 1991 (further duty of sewerage
5undertaker to provide sewers), in subsection (5), omit the words from the
beginning to “and” in the closing words.

Local Government Act 2003: commencement of BID arrangements following appeal

18 In section 53 of the Local Government Act 2003 (commencement of BID
arrangements), omit subsection (7).

Section 102

10SCHEDULE 21 Legislation no longer of practical use

Part 1 Companies

Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

1 15Omit section 1175 of, and Schedule 9 to, the Companies Act 2006 (which
make amendments of Part 7 of the Companies Act 1985 and Part 8 of the
Companies (Northern Ireland) Order 1986).

Part 2 Industry

20Newspaper Libel and Registration Act 1881 (c. 60)Newspaper Libel and Registration Act 1881 (c. 60)

2 In the Newspaper Libel and Registration Act 1881, omit sections 7 to 18 and
Schedules A and B (provisions relating to a register of proprietors of
newspapers other than newspapers belonging to companies formed and
registered under the Companies Act 2006 or incorporated in another EEA
25state).

3 In consequence of paragraph 2, in section 1 of the Newspaper Libel and
Registration Act 1881, omit the definitions of “registrar”, “occupation” and
“place of residence”.

Mining Industry Act 1920 (c. 50)Mining Industry Act 1920 (c. 50)

4 30The Mining Industry Act 1920 is repealed.

5 In consequence of paragraph 4, in Schedule 4 to the Mines and Quarries Act
1954, omit the entry for the Mining Industry Act 1920.

Mining Industry Act 1926 (c. 28)Mining Industry Act 1926 (c. 28)

6 (1) In the Mining Industry Act 1926, omit section 20 (which confers power on
coal-mining companies to establish profit sharing schemes irrespective of
the terms of their articles of association).

(2) 5The repeal made by sub-paragraph (1) is to have no effect in relation to any
scheme still in existence that was established, and is being carried on, in
reliance on the power conferred by section 20 of the Mining Industry Act
1926.

Industry Act 1972 (c. 63)Industry Act 1972 (c. 63)

7 10In the Industry Act 1972, in Schedule 3 (shipbuilding: transitional
provisions), omit paragraph 1(b)(ii) (saving provision for the Shipbuilding
Industry Board (Dissolution Provisions) Order 1971 (S.I. 1971/1939S.I. 1971/1939)).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)Aircraft and Shipbuilding Industries Act 1977 (c. 3)

8 The Aircraft and Shipbuilding Industries Act 1977 is repealed.

9 (1) 15The following amendments are made in consequence of paragraph 8.

(2) In the Civil Aviation Act 1982, in Schedule 15, omit paragraph 18.

(3) In the Companies Act 1989, in Schedule 18, omit paragraph 16.

British Steel Act 1988 (c. 35)British Steel Act 1988 (c. 35)

10 The British Steel Act 1988 is amended in accordance with paragraphs 11 and
2012.

11 (1) Omit section 6 (target investment limit for Government shareholding in
successor company to British Steel Corporation).

(2) In consequence of sub-paragraph (1)—

(a) in section 4(1), omit “Subject to section 6(5),”;

(b) 25in section 13(2), omit “6 or”.

12 In Schedule 3 (transitional provisions and savings), omit paragraph 10
(saving provision for regulations made under section 24 of the Iron and Steel
Act 1953 (compensation to officers and servants) or having effect as if made
under paragraph 2 of Schedule 4 to the Iron and Steel Act 1975
30(compensation to employees)).

European Communities (Definition of Treaties) (International Railway Tariffs Agreements)
Order 1980 (S.I. 1980/1094S.I. 1980/1094)

13 The European Communities (Definition of Treaties) (International Railway
Tariffs Agreements) Order 1980 is revoked.

Part 3 Energy

Atomic Energy Act 1946 (c. 80)Atomic Energy Act 1946 (c. 80)

14 Omit sections 6 and 7 of, and Schedule 1 to, the Atomic Energy Act 1946
5(which confer powers to do work for the purpose of discovering certain
minerals and to compulsorily acquire rights to work such minerals).

15 (1) The following amendments are made in consequence of paragraph 14.

(2) In the 1946 Act—

(a) in section 15(1), omit the words “, except an order made under
10section seven thereof or an order varying or revoking such an
order,”;

(b) in section 16, omit the words from “Provided that” to the end of the
section;

(c) in section 19, omit paragraphs (c) and (d);

(d) 15in section 20(1), omit the words “, except sections six and seven
thereof,”.

(3) In the Atomic Energy Authority Act 1954, in Schedule 3, omit—

(a) the paragraph beginning “In subsection (1) of section seven”;

(b) the paragraph beginning “At the end of section sixteen”;

(c) 20the paragraph beginning “In paragraph (c) of section nineteen”.

Energy Act 1976 (c. 76)Energy Act 1976 (c. 76)