Deregulation Bill (HL Bill 95)

by section 21) insert—

“56B Conversion of certain public rights of way to private rights of way

(1) This section applies where—

(a) a public right of way over land in England would be
5extinguished under section 53 immediately after the cut-off
date, and

(b) on the cut-off date, the exercise of the right of way—

(i) is reasonably necessary to enable a person with an
interest in land to obtain access to it, or

(ii) 10would have been reasonably necessary to enable that
person to obtain access to a part of that land if the person
had an interest in that part only.

(2) The public right of way becomes, immediately after the cut-off date, a
private right of way of the same description for the benefit of the land
15or (as the case may be) the part of the land.

(3) For the purposes of subsection (1)(b), it is irrelevant whether the person
is, on the cut-off date, in fact—

(a) exercising the existing public right of way, or

(b) able to exercise it.

(4) 20In this section, “cut-off date” has the meaning given in section 56.”

(2) In consequence of the amendments made by sections 20 and 21 and this
section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55”
substitute “sections 53, 55, 55A, 56A and 56B”.

23 Applications by owners etc for public path orders

(1) 25The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path extinguishment order), after
“horses” insert “, or of any land in England of a prescribed description,”.

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of
30certain land to be able to apply for a public path diversion order), after “horses”
insert “, or of any land in England of a prescribed description,”.

(4) In section 121E(1) (which specifies the duties of the Secretary of State on certain
appeals relating to the extinguishment or diversion of public paths), after
“section 121D(1)(a) above,” insert “in relation to an application made under
35section 118C or 119C above or an application made under section 118ZA or
119ZA above to a council in Wales,”.

(5) After section 121E(1) insert—

“(1A) Where an appeal to the Secretary of State is brought under section
121D(1)(a) above, in relation to an application made under section
40118ZA or 119ZA above to a council in England, the Secretary of State
shall either—

(a) determine not to make an order on the application, or

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
decision and the reasons for it.”

(6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
5(1A)(a)”.

24 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
authorise the erection of stiles and gates etc on footpaths or bridleways
crossing agricultural land) is amended as follows.

(2) 10In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

(3) After subsection (1) insert—

“(1A) The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
15land in England, or of land in England which is being brought into use
for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
20preventing the ingress or egress of animals should be erected on the
byway.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
25maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.”

(4) 30In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) After subsection (5) insert—

“(5A) In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
35Act).”

(6) In consequence of the amendments made by this section to section 147, section
146 of the 1980 Act is amended as follows—

(a) in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) 40in that subsection, for “or restricted byway” (in the second place it
occurs) substitute “, restricted byway or byway open to all traffic”;

(c) in subsection (2)(b), after “restricted byway” insert “or in the case of a
byway open to all traffic”;

(d) after subsection (5) insert—

“(6) In this section, “byway open to all traffic” has the same meaning
as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).”;

(e) 5in the heading to the section, for “restricted byways” substitute
“byways”.

25 Applications for certain orders under Highways Act 1980: cost recovery

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
10charges in connection with applications by owners etc for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.

(3) In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
15diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) In section 121A(1) (which confers power to make regulations about
applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
20section”.

(5) In section 121E(8) (which makes provision about what may be included in
regulations about appeals under section 121D(1)), in paragraph (j), for
“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) 25In Part 1 of Schedule 6 (procedure for making and confirming certain orders
relating to footpaths, bridleways and restricted byways), in paragraph 2B
(which makes supplemental provision about hearings held under paragraph 2
of the Schedule), after sub-paragraph (3) insert—

“(4) For the purposes of sub-paragraph (1) as it applies in relation to
30section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b),
(3)(b) or (5) of paragraph 2 of any representations or objections about
an order relating to land in England is to be treated as a hearing
which the Secretary of State has caused to be held under that
35paragraph.”

26 Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights
of way in England and the making and confirmation of orders relating to such
rights.

(2) 40Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies
where a modification of a definitive map and statement is needed
because of an administrative error;

(c) enable regulations to be made so that applications made to a local
5authority seeking a modification of a definitive map and statement do
not need to be included in the register of applications unless the
authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) facilitate the making of modifications of a definitive map and statement
10by consent in cases based on documentary evidence of the existence of
a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and determination of applications to a local authority in England for a
15modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and confirmation of orders making modifications of a definitive map and
statement.

(5) 20Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
make changes to the procedure for the making and confirmation of public path
creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) 25The Secretary of State may by regulations make provision for an amendment
made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in
relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) 30Regulations under subsection (7) may make different provision for different
purposes.

(9) Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of either House of Parliament.

27 35Erection of public statues (London): removal of consent requirement

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
consent of the Secretary of State to the erection of public statues in London).

Housing and development

28 Reduction of qualifying period for right to buy

(1) 40The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before

subsection (1) insert—

“(A1) In the application of this Part to England, the right to buy does not arise
unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.”

(3) 5In subsection (1), at the beginning insert “In the application of this Part to
Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

29 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
10Secretary of State, in relation to England, and the Welsh Ministers, in relation
to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) 15in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (a)—

(i) after “a local housing authority” insert “in Wales”;

(ii) for “the appropriate person” substitute “the Welsh Ministers”.

(4) 20In subsection (2)—

(a) for “The appropriate person” substitute “The Welsh Ministers”;

(b) after “a local housing authority” insert “in Wales”;

(c) for “the appropriate person” (in each place where it occurs) substitute
“the Welsh Ministers”.

(5) 25In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
Ministers”.

(6) 30In consequence of the amendments made by this section to section 87 of the
2003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) in section 333D(3) of the Greater London Authority Act 1999, in the
35definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “other”.

30 Tenancy deposits: provision of information by agents

(1) The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I.
402007/797) is amended as follows.

(2) In article 2 (prescribed information relating to tenancy deposits), after

paragraph (2) insert—

“(3) In a case where the initial requirements of an authorised scheme have
been complied with in relation to the deposit by a person (“the initial
agent”) acting on the landlord’s behalf in relation to the tenancy—

(a) 5references in paragraph (1)(b), (g)(iii) and (vii) to the landlord
are to be read as references to either the landlord or the initial
agent;

(b) references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the
landlord are to be read as references to either the landlord or a
10person who acts on the landlord’s behalf in relation to the
tenancy.

(4) In any other case, references in paragraphs (1)(d), (e), (g)(iv) and (vi)
and (2) to the landlord are to be read as references to either the landlord
or a person who acts on the landlord’s behalf in relation to the tenancy.

(5) 15Section 212(9)(a) of the Act (references to landlord include persons
acting on landlord’s behalf) does not apply for the purposes of this
article.”

(3) After article 2 insert—

“3 Article 2(3) to (5): transitional provisions

(1) 20Paragraphs (3) to (5) of article 2 are treated as having had effect since
6th April 2007, subject to the following provisions of this article.

(2) Paragraphs (3) to (5) of article 2 do not have effect in relation to—

(a) a claim under section 214 of the Act or section 21 of the Housing
Act 1988 in respect of a tenancy which is settled before the
25commencement date (whether or not proceedings in relation to
the claim have been instituted), or

(b) proceedings under either of those sections in respect of a
tenancy which have been finally determined before the
commencement date.

(3) 30Paragraph (5) applies in respect of a tenancy if—

(a) proceedings under section 214 of the Act in respect of the
tenancy have been instituted before the commencement date
but have not been settled or finally determined before that date,
and

(b) 35because of paragraphs (3) to (5) of article 2, the court decides—

(i) not to make an order under section 214(4) of that Act in
respect of the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Paragraph (5) also applies in respect of a tenancy if—

(a) 40proceedings for possession under section 21 of the Housing Act
1988 in respect of the tenancy have been instituted before the
commencement date but have not been settled or finally
determined before that date, and

(b) because of paragraphs (3) to (5) of article 2, the court decides—

(i) 45to make an order for possession under that section in
respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to
make such an order.

(5) Where this paragraph applies, the court must not order the tenant or
any relevant person (as defined by section 213(10) of the Act) to pay the
5landlord’s costs, to the extent that the court reasonably considers those
costs are attributable to the proceedings under section 214 of the Act or
(as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “finally determined” for the purposes of this
article if—

(a) 10they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there
is no right to appeal against the determination, or there is such a right
but—

(a) 15the time limit for making an appeal has expired without an
appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this article “the commencement date” means the date on which the
Deregulation Act 2015 is passed.”

(4) 20The amendments made by this section to the Housing (Tenancy Deposits)
(Prescribed Information) Order 2007 (S.I. 2007/797S.I. 2007/797) do not affect a power to
use subordinate legislation to amend or revoke that Order.

(5) In subsection (4), “subordinate legislation” has the same meaning as in the
Interpretation Act 1978.

31 25Tenancy deposits: non-compliance with requirements

(1) Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is
amended as follows.

(2) In section 214 (proceedings relating to tenancy deposits), in subsection (1) after
“shorthold tenancy” insert “on or after 6 April 2007”.

(3) 30In section 215 (sanctions for non-compliance)—

(a) for subsection (1) substitute—

“(1) Subject to subsection (2A), if (whether before, on or after 6 April
2007) a tenancy deposit has been paid in connection with a
shorthold tenancy, no section 21 notice may be given in relation
35to the tenancy at a time when the deposit is not being held in
accordance with an authorised scheme.

(1A) Subject to subsection (2A), if a tenancy deposit has been paid in
connection with a shorthold tenancy on or after 6 April 2007, no
section 21 notice may be given in relation to the tenancy at a
40time when section 213(3) has not been complied with in relation
to the deposit.”;

(b) in subsection (2A), after “Subsections (1)” insert “, (1A)”.

32 Tenancy deposits: deemed compliance with requirements

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes),
after section 215 insert—

“215A Statutory periodic tenancies: deposit received before 6 April 2007

(1) 5This section applies where—

(a) before 6 April 2007, a tenancy deposit has been received by a
landlord in connection with a fixed term shorthold tenancy,

(b) on or after that date, a periodic shorthold tenancy is deemed to
arise under section 5 of the Housing Act 1988 on the coming to
10an end of the fixed term tenancy,

(c) on the coming to an end of the fixed term tenancy, all or part of
the deposit paid in connection with the fixed term tenancy is
held in connection with the periodic tenancy, and

(d) the requirements of section 213(3), (5) and (6) have not been
15complied with by the landlord in relation to the deposit held in
connection with the periodic tenancy.

(2) If, on the commencement date—

(a) the periodic tenancy is in existence, and

(b) all or part of the deposit paid in connection with the fixed term
20tenancy continues to be held in connection with the periodic
tenancy,

section 213 applies in respect of the deposit that continues to be held in
connection with the periodic tenancy, and any additional deposit held
in connection with that tenancy, with the modifications set out in
25subsection (3).

(3) The modifications are that, instead of the things referred to in section
213(3) and (5) being required to be done within the time periods set out
in section 213(3) and (6)(b), those things are required to be done—

(a) before the end of the period of 90 days beginning with the
30commencement date, or

(b) (if earlier) before the first day after the commencement date on
which a court does any of the following in respect of the
periodic tenancy—

(i) determines an application under section 214 or decides
35an appeal against a determination under that section;

(ii) makes a determination as to whether to make an order
for possession in proceedings under section 21 of the
Housing Act 1988 or decides an appeal against such a
determination.

(4) 40If, on the commencement date—

(a) the periodic tenancy is no longer in existence, or

(b) no deposit continues to be held in connection with the periodic
tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had
45been complied with by the landlord in relation to any deposit that was
held in connection with the periodic tenancy.

(5) In this section “the commencement date” means the date on which the
Deregulation Act 2015 is passed.

215B Shorthold tenancies: deposit received on or after 6 April 2007

(1) This section applies where—

(a) on or after 6 April 2007, a tenancy deposit has been received by
a landlord in connection with a shorthold tenancy (“the original
5tenancy”),

(b) the initial requirements of an authorised scheme have been
complied with by the landlord in relation to the deposit
(ignoring any requirement to take particular steps within any
specified period),

(c) 10the requirements of section 213(5) and (6)(a) have been
complied with by the landlord in relation to the deposit when it
is held in connection with the original tenancy (ignoring any
deemed compliance under section 215A(4)),

(d) a new shorthold tenancy comes into being on the coming to an
15end of the original tenancy or a tenancy that replaces the
original tenancy (directly or indirectly),

(e) the new tenancy replaces the original tenancy (directly or
indirectly), and

(f) when the new tenancy comes into being, the deposit continues
20to be held in connection with the new tenancy, in accordance
with the same authorised scheme as when the requirements of
section 213(5) and (6)(a) were last complied with by the
landlord in relation to the deposit.

(2) In their application to the new tenancy, the requirements of section
25213(3), (5) and (6) are treated as if they had been complied with by the
landlord in relation to the deposit.

(3) The condition in subsection (1)(a) may be met in respect of a tenancy
even if the tenancy deposit was first received in connection with an
earlier tenancy (including where it was first received before 6 April
302007).

(4) For the purposes of this section, a tenancy replaces an earlier tenancy
if—

(a) the landlord and tenant immediately before the coming to an
end of the earlier tenancy are the same as the landlord and
35tenant at the start of the new tenancy, and

(b) the premises let under both tenancies are the same or
substantially the same.

215C Sections 215A and 215B: transitional provisions

(1) Sections 215A and 215B are treated as having had effect since 6 April
402007, subject to the following provisions of this section.

(2) Sections 215A and 215B do not have effect in relation to—

(a) a claim under section 214 of this Act or section 21 of the Housing
Act 1988 in respect of a tenancy which is settled before the
commencement date (whether or not proceedings in relation to
45the claim have been instituted), or

(b) proceedings under either of those sections in respect of a
tenancy which have been finally determined before the
commencement date.

(3) Subsection (5) applies in respect of a tenancy if—

(a) proceedings under section 214 in respect of the tenancy have
been instituted before the commencement date but have not
been settled or finally determined before that date, and

(b) 5because of section 215A(4) or 215B(2), the court decides—

(i) not to make an order under section 214(4) in respect of
the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Subsection (5) also applies in respect of a tenancy if—

(a) 10proceedings for possession under section 21 of the Housing Act
1988 in respect of the tenancy have been instituted before the
commencement date but have not been settled or finally
determined before that date, and

(b) because of section 215A(4) or 215B(2), the court decides—

(i) 15to make an order for possession under that section in
respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to
make such an order.

(5) Where this subsection applies, the court must not order the tenant or
20any relevant person (as defined by section 213(10)) to pay the
landlord’s costs, to the extent that the court reasonably considers those
costs are attributable to the proceedings under section 214 of this Act or
(as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “finally determined” for the purposes of this
25section if —

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there
is no right to appeal against the determination, or there is such a right
30but—

(a) the time limit for making an appeal has expired without an
appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this section “the commencement date” means the date on which the
35Deregulation Act 2015 is passed.”

33 Preventing retaliatory eviction

(1) Where a relevant notice is served in relation to a dwelling-house in England, a
section 21 notice may not be given in relation to an assured shorthold tenancy
of the dwelling-house—

(a) 40within six months beginning with the day of service of the relevant
notice, or

(b) where the operation of the relevant notice has been suspended, within
six months beginning with the day on which the suspension ends.

(2) A section 21 notice given in relation to an assured shorthold tenancy of a
45dwelling-house in England is invalid where—