Deregulation Bill (HL Bill 95)
Contents page 1-9 10-19 20-29 30-39 40-49 50-58 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 Last page
Deregulation BillPage 50
child trust fund, or an amount representing the value of all the
investments, to close the child trust fund.
(6)
If the regulations authorise the Treasury to require an account provider
to take more than one of the steps mentioned in subsection (3), the
5regulations must also—
(a)
authorise the Treasury to specify the order in which the steps
are to be taken, and
(b)
provide that if (as a result of complying with a requirement to
take a particular step) an account holder no longer holds
10investments under any child trust fund, any requirement
imposed on that provider to take another step lapses.
(7) The Treasury is not liable in respect of —
(a)
the selection by an account provider of a person to whom to
make a transfer in response to a requirement of a kind
15mentioned in subsection (3)(a) to (c), or
(b)
a decision made by it as to the person to be specified in a
requirement of a kind mentioned in subsection (3)(d).
(8)
In this section, “protected child account” means an account which is a
protected child account for the purposes of section 7A.”
20Education and training
63 Abolition of office of Chief Executive of Skills Funding
(1)
The office of the Chief Executive of Skills Funding (established by Part 4 of the
Apprenticeships, Skills, Children and Learning Act 2009) is abolished.
(2)
The property, rights and liabilities of the Chief Executive of Skills Funding are
25transferred to the Secretary of State.
(3)
Schedule 14 makes amendments to Part 4 of the Apprenticeships, Skills,
Children and Learning Act 2009 in consequence of the abolition of the office of
the Chief Executive of Skills Funding.
64 Further and higher education sectors: reduction of burdens
30Schedule 15 makes provision for the reduction of burdens in the further and
higher education sectors.
65 Schools: reduction of burdens
(1)
Section 19 of the Education Act 1997 (which confers power on the Secretary of
State and Welsh Ministers to make regulations requiring governing bodies of
35maintained schools to set school performance targets) ceases to have effect in
relation to schools in England.
(2) Accordingly, in subsection (1) of that section—
(a) for “The Secretary of State” substitute “The Welsh Ministers”;
(b)
for “the Secretary of State considers” substitute “the Welsh Ministers
40consider”;
(c) after “maintained schools” insert “in Wales”.
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(3)
Omit section 102 of the Education Act 2005 (which confers power on the
Secretary of State to make regulations requiring local authorities in England to
set annual targets in respect of educational performance at schools maintained
by them etc).
(4) 5In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.
(5)
Schedule 16 makes further provision for the reduction of burdens relating to
schools in England.
Alcohol, sport and entertainment
66 Sale of alcohol: community events etc and ancillary business sales
(1)
10In section 2 of the Licensing Act 2003 (authorisation for licensable activities
etc), after subsection (1) insert—
“(1A)
The licensable activity of selling alcohol by retail may be carried on if
each sale is a permitted sale by virtue of Part 5A.”
(2) After Part 5 of that Act, insert the Part set out in Schedule 17 to this Act.
(3)
15In section 136 of that Act (unauthorised licensable activities), at the end of
subsection (5) insert—
“In addition, for the purposes of this Part the licensable activity of
selling alcohol by retail is under and in accordance with an
authorisation if each sale is a permitted sale by virtue of Part 5A.”
(4)
20In section 140 of that Act (allowing disorderly conduct on licensed premises
etc)—
(a) omit the “and” before subsection (2)(d);
(b) after that paragraph insert “, and
(e)
in the case of premises specified in a Part 5A notice, to
25the person who gave the notice.”
(5) In section 141 of that Act (sale of alcohol to a person who is drunk)—
(a) omit the “and” before subsection (2)(d);
(b) after that paragraph insert “, and
(e)
in the case of premises specified in a Part 5A notice, to
30the person who gave the notice.”;
(c) in subsection (3), after “This section” insert “(except subsection (2)(e))”.
(6) In section 143 of that Act (failure to leave licensed premises etc)—
(a) omit the “and” before subsection (2)(d);
(b) after that paragraph insert “, and
(e)
35in the case of premises specified in a Part 5A notice, to
the person who gave the notice.”
(7) In section 144 of that Act (keeping of smuggled goods)—
(a) omit the “and” before subsection (2)(d);
(b) after that paragraph insert “, and
(e)
40in the case of premises specified in a Part 5A notice, to
the person who gave the notice.”
(8) In section 147A of that Act (persistently selling alcohol to children)—
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(a)
in subsection (1)(b), for the words from “either” to “Part 5” substitute
“licensed premises, premises authorised to be used for a permitted
temporary activity by virtue of Part 5 or premises specified in a Part 5A
notice”;
(b) 5in subsection (4), after paragraph (b) insert “or
(c)
the person or one of the persons who gave a Part 5A
notice in respect of the premises.”
(9) In section 153 of that Act (prohibition of unsupervised sales by children)—
(a) omit the “and” before subsection (4)(c);
(b) 10after that paragraph insert “, and
(d)
in relation to a sale by retail that is a permitted sale by
virtue of Part 5A—
(i) the person who gave the Part 5A notice, or
(ii)
any individual aged 18 or over who is authorised
15for the purposes of this section by that person.”
(10)
In section 159 of that Act (interpretation of Part 7), at the end of the definition
of “relevant premises” insert “, or
-
(d)
except in sections 145 and 152, premises that (by reason
of being specified in a Part 5A notice) are premises on
20which a sale by retail of alcohol is capable of being a
permitted sale by virtue of Part 5A;”.
(11)
In section 194 of that Act (index of defined expressions) insert the following
entries at the appropriate places—
| “Part 5A notice | section 110A(2)” |
| “relevant licensing authority, in Part 5A | 25section 110N” |
| “relevant person, in Part 5A | section 110D(11)”. |
(12) In section 197 of that Act (regulations and orders)—
(a)
in subsection (3) (which lists exceptions to the use of the negative
procedure), after paragraph (c) insert—
“(cza)
30regulations under section 110B(2), (3) or (7) or 110C(2),
(3), (5) or (6) (regulations relating to sales of alcohol
permitted by virtue of Part 5A),”;
(b)
in subsection (4) (which specifies when the affirmative procedure is
required)—
(i) 35after “or (g)” insert “or regulations within subsection (3)(cza)”;
(ii) after “the order” insert “or regulations”.
67 Temporary event notices: increase in maximum number of events per year
(1)
In section 107 of the Licensing Act 2003 (counter notice where permitted limits
exceeded), in subsection (4) (maximum number of events per year), for “12”
40substitute “15”.
(2)
The amendment made by this section has effect for the year 2016 and
subsequent years.
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68 Personal licences: no requirement to renew
(1)
In section 115 of the Licensing Act 2003 (period of validity of personal licence),
in subsection (1), for the words after “A personal licence” substitute “has effect
indefinitely.”
(2)
5The amendment made by subsection (1), and the consequential amendments
made by Schedule 18, apply in relation to—
(a)
a personal licence granted under section 120 of the Licensing Act 2003
on or after the day on which this section comes into force;
(b)
a personal licence granted under section 120 of that Act before that day,
10or renewed under section 121 of that Act before that day, for a period
expiring on or after that day.
(3)
Accordingly, any term in a personal licence granted as mentioned in
subsection (2)(b) which provides for it to have effect only for a particular
period has no effect on or after the day on which this section comes into force.
69 15Sale of liqueur confectionery to children under 16: abolition of offence
Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children
under 16) is repealed.
70 Late night refreshment
(1)
Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is
20amended as follows.
(2)
In paragraph 1(1) (definition of “provides late night refreshment”), in the
words after paragraph (b), after “paragraph” insert “2A,”.
(3) After paragraph 2 insert—
“Exempt supplies: designated areas, descriptions of premises and times”
“2A
(1)
25The supply of hot food or hot drink is an exempt supply for the
purposes of paragraph 1(1) if it takes place—
(a)
on or from premises which are wholly situated in an area
designated by the relevant licensing authority;
(b)
on or from premises which are of a description designated by
30the relevant licensing authority; or
(c)
during a period (beginning no earlier than 11.00 p.m. and
ending no later than 5.00 a.m.) designated by the relevant
licensing authority.
(2)
A licensing authority may designate a description of premises under
35sub-paragraph (1)(b) only if the description is one that is prescribed
by regulations.
(3)
A designation under sub-paragraph (1) may be varied or revoked by
the licensing authority that made it.
(4)
A licensing authority that makes, varies or revokes a designation
40under sub-paragraph (1) must publish the designation, variation or
revocation.
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(5)
In sub-paragraph (1) references to the “relevant licensing authority”,
in relation to a supply of hot food or hot drink, are references to—
(a)
the licensing authority in whose area the premises on or from
which the food or drink is supplied are situated, or
(b)
5where those premises are situated in the areas of two or more
licensing authorities, any of those authorities.”
71 Removal of requirement to report loss or theft of licence etc to police
In the Licensing Act 2003, omit the following provisions (which impose
requirements for the loss or theft of certain documents to be reported to the
10police before copies may be issued)—
(a)
in section 25 (premises licence or summary), subsection (3)(b), and the
“and” before it;
(b)
in section 79 (club premises certificate or summary), subsection (3)(b),
and the “and” before it;
(c)
15in section 110 (temporary event notice), subsection (4)(b), and the “and”
before it;
(d)
in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and
the “and” before it.
72 Motor racing on public roads: general
(1) 20The Road Traffic Act 1988 is amended as follows.
(2) In section 12 (motor racing on public ways), after subsection (1) insert—
“(1A) Subsection (1) is subject to—
(a)
in relation to England and Wales, sections 12A to 12F (which
make provision to allow the holding of races or trials of speed
25between motor vehicles on public ways in England and Wales);
(b)
in relation to Scotland, sections 12G to 12I (which make
provision to allow the holding of races or trials of speed
between motor vehicles on public ways in Scotland).”
(3) After section 12 insert—
“12A 30Motor race orders: England and Wales: overview
(1)
Sections 12A to 12F allow highway authorities to make orders relating
to the holding of a race or trial of speed between motor vehicles on a
highway in England and Wales (“motor race orders”).
(2)
A motor race order is made on the application of the person promoting
35the event, with the permission of a motor sport governing body (see
sections 12B to 12D).
(3) The effect of a motor race order is set out in section 12E.
12B Permission to apply for motor race order
(1)
A person who wishes to promote a race or trial of speed between motor
40vehicles on a highway in England and Wales may apply for a permit to
a motor sport governing body authorised by regulations made by the
appropriate national authority to issue permits in respect of a race or
trial of speed of that kind.
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(2)
Before issuing a permit, the motor sport governing body must
consult—
(a)
the highway authority for each area in which the event is to take
place or which is otherwise likely to be significantly affected by
5the event,
(b) the local authority for each such area,
(c) the police authority for each such area,
(d)
in the case of an event that is to take place in Greater London,
the Greater London Authority,
(e)
10each person who has given the motor sport governing body
written notice within the previous 12 months that the person
wishes to be consulted about applications under this section,
and
(f)
such other persons as the motor sport governing body thinks
15appropriate.
(3)
The motor sport governing body must issue the permit if satisfied
that—
(a) the applicant intends to promote the proposed event,
(b)
the applicant has the necessary financial and other resources to
20make appropriate arrangements for the event,
(c)
the applicant has arranged or will arrange appropriate
insurance cover in connection with the event, in accordance
with guidance issued by the motor sport governing body, and
(d)
the application includes all necessary details of the safety and
25other arrangements proposed for the event.
(4) A permit must specify—
(a) any route to be followed in the course of the event;
(b)
arrangements for the approval by the motor sport governing
body of drivers participating in the event;
(c)
30arrangements for the approval by the motor sport governing
body of vehicles to be used in the course of the event;
(d)
arrangements made or to be made for insurance in connection
with the event.
(5)
A permit may set out conditions that the motor sport governing body
35thinks should be included in any motor race order made in relation to
the event.
(6)
The appropriate national authority must by regulations list motor sport
governing bodies that are authorised to issue permits for the purposes
of this section.
(7)
40The regulations may specify the kinds of races or trials of speed
between motor vehicles on a highway in respect of which each listed
governing body may issue permits.
(8)
The regulations may provide that a listed motor sport governing body
ceases to be authorised to issue permits if the rules of the governing
45body—
(a) include provision of a kind specified in the regulations;
(b) do not include provision of a kind so specified.
(9) In this section—
-
“the appropriate national authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers;
-
“local authority” means —
(a)5a county or district council in England;
(b)a parish council in England;
(c)a London borough council;
(d)the Common Council of the City of London in its
capacity as a local authority;(e)10the Council of the Isles of Scilly;
(f)a county or county borough council in Wales.
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12C Application for motor race order
(1)
A motor race order may only be made on an application under this
section.
(2) 15An application may be made only by a person who—
(a)
wishes to promote a race or trial of speed between motor
vehicles on a highway in England and Wales, and
(b)
has a permit issued in accordance with section 12B in relation to
the event.
(3)
20The application must be made to the highway authority for the area in
which the event is to take place (and, where the event is to take place in
the area of more than one highway authority, separate applications
must be made under this section to each authority).
(4) The application must be made not less than 6 months before the event.
(5) 25The application must be accompanied by—
(a) the permit issued in accordance with section 12B;
(b)
details of any orders under section 16A of the Road Traffic
Regulation Act 1984 (prohibition or restriction on roads in
connection with certain events), and of any other orders,
30regulations or other legislative instruments, that will be needed
in connection with the event;
(c)
a risk assessment in such form as the highway authority may
specify;
(d) such fee as the highway authority may specify.
12D 35Determination of applications for motor race orders
(1)
Before determining whether to make a motor race order, a highway
authority must consider—
(a) the likely impact of the event on the local community,
(b)
the potential local economic and other benefits (in respect of
40tourism or otherwise), and
(c)
any other local considerations that the authority thinks
relevant.
(2)
The highway authority may make the motor race order if satisfied
that—
(a)
45adequate arrangements have been made to allow the views of
the local community to be taken into account,
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(b)
the person proposing to promote the event has shown that the
event is commercially viable, and
(c)
effective arrangements have been made to involve local
residents, the police and other emergency services in the
5planning and implementation of the event.
(3) A motor race order must—
(a)
specify the event to which it relates, including the date or (in the
case of an event that is to take place on more than one day) the
dates on which it is to take place,
(b)
10include a map of the area to be used for the event (showing, in
particular, the roads which participants will use, and areas
which will be available for occupation by spectators), and
(c)
include any other information specified by the appropriate
national authority by regulations.
(4)
15A motor race order may include conditions which must be satisfied
before, during or after the event.
(5)
A motor race order may, in particular, include conditions designed to
ensure that the arrangements mentioned in subsection (2)(c) continue
throughout the planning and implementation of the event.
(6) 20In this section, “the appropriate national authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers.
12E Effect of motor race order
(1)
A motor race order made under section 12D has the effect described in
25this section.
(2)
Section 12(1) does not apply to the promoter of the event if that
person—
(a)
promotes the event in accordance with any conditions imposed
on the promoter by the motor race order, and
(b)
30takes reasonable steps to ensure that any other conditions
specified in the motor race order are met.
(3)
The provisions listed in the Table do not apply in relation to a
participant or an official or (as the case may be) in relation to a vehicle
used by a participant or an official provided that—
(a)
35the participant has been approved by the motor sport
governing body that issued a permit in respect of the event or
(as the case may be) the official has been authorised by the
promoter,
(b)
the participant or official complies with any conditions
40specified in the motor race order that apply to participants or (as
the case may be) officials, and
(c)
the participant or official also complies with any conditions
imposed on him or her by the promoter.
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| Provision | Topic |
|---|---|
| Road Traffic Regulation Act 1984 |
|
| Section 18(3) | Contravention of order relating to one-way traffic on trunk roads |
| Section 20(5) | 5Contravention of order relating to use on roads of vehicles of certain classes |
| Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1) |
Speed limits 10 |
| Regulations under section 99 | Removal of vehicles illegally parked etc |
| Section 104(1) | Immobilisation of vehicles 15illegally parked |
| Road Traffic Act 1988 | |
| Section 1 | Causing death by dangerous driving |
| Section 1A | Causing serious injury by dangerous driving |
| Section 2 | 20Dangerous driving |
| Section 2B | Causing death by careless, or inconsiderate, driving |
| Section 3 | Careless, and inconsiderate, driving |
| Section 3ZB | 25Causing death by driving: unlicensed, disqualified or uninsured drivers |
| Section 12(1) | Motor racing on public ways |
| Section 21(1) | Prohibition of driving or 30parking on cycle tracks |
| Section 22 | Leaving vehicles in dangerous positions |
| Section 22A | Causing danger to road- users |
| Section 36(1) | 35Drivers to comply with traffic signs |
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| Provision | Topic |
|---|---|
| The Highway Code, as it has effect under section 38 |
|
| Section 40A | Using vehicle in dangerous condition etc |
| Regulations under section 41 | Regulation of construction, 5weight, equipment and use of vehicles |
| Section 41A | Breach of requirement as to brakes, steering-gear or tyres |
| Section 41C | Breach of requirement as to 10speed assessment equipment detection devices |
| Section 42 | Breach of other construction and use requirements |
| Section 47(1) | Obligatory test certificates |
| Section 87(1) | 15Drivers of motor vehicles to have driving licences |
| Section 103(1)(b) | Driving while disqualified |
| Section 143(1) and (2) | Users of motor vehicles to be insured or secured against 20third-party risks |
| Sections 164 and 165 | Powers of constables to require production of driving licence, obtain information etc |
| Section 165A | 25Power to seize vehicles driven without licence or insurance |
| Section 170 | Duty of driver to stop, report accident and give 30information or documents |
| Vehicle Excise and Registration Act 1994 |
|
| Section 1(1)(b) | Circumstances in which vehicle excise duty is chargeable on unregistered mechanically propelled 35vehicles |
| Section 29(1) | Offence of using or keeping an unlicensed vehicle |
(4)
The appropriate national authority may by regulations amend this
section so as to—
(a) 40add or omit an entry in the Table in subsection (3);
(b)
provide that subsection (3) applies in relation to a provision for
the time being included in the Table only for purposes specified
in the regulations;
(c)
provide that subsection (3) applies in relation to a provision for
45the time being included in the Table only if a condition specified
in the regulations is included in the motor race order.
(5)
However, regulations under subsection (4) may not add any provision
of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the
Table in subsection (3).
(6)
50The promoter of an event in respect of which a motor race order has
been made is liable in damages if personal injury or damage to property
is caused by anything done—
(a) by or on behalf of the promoter in connection with the event, or
(b) by or on behalf of a participant or an official,
55unless it is proved that the promoter took reasonable steps to prevent
the injury or damage occurring.
(7)
For the purposes of the Law Reform (Contributory Negligence) Act
1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any
injury or damage for which a person is liable under subsection (6) is to
60be treated as due to the fault of that person.
(8) In this section—
-
“the appropriate national authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers;
-
65“official” means a person who facilitates the holding of a race or
trial of speed.
12F Regulations by appropriate national authority: procedure
(1)
A power to make regulations conferred on the Secretary of State or the
Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by
70statutory instrument.
(2)
A statutory instrument containing regulations made by the Secretary of
State under section 12E(4) (whether alone or with other provision) may
not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(3)
75A statutory instrument containing regulations made by the Secretary of
State under section 12B(6) or 12D(3)(c) (other than regulations to which
subsection (2) applies) is subject to annulment in pursuance of a
resolution of either House of Parliament.
(4)
A statutory instrument containing regulations made by the Welsh
80Ministers under section 12E(4) (whether alone or with other provision)
may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.
(5)
A statutory instrument containing regulations made by the Welsh
Ministers under section 12B(6) or 12D(3)(c) (other than regulations to