Deregulation Bill (HL Bill 95)

which subsection (4) applies) is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.

12G Authorisation of races and trials of speed in Scotland

(1) The Scottish Ministers may by regulations authorise, or make provision
5for authorising, the holding of races or trials of speed on public roads
in Scotland.

(2) Regulations under this section may in particular—

(a) specify the persons by whom authorisations may be given;

(b) limit the circumstances in which, and the places in respect of
10which, authorisations may be given;

(c) provide for authorisations to be subject to conditions imposed
by or under the regulations;

(d) provide for authorisations to cease to have effect in
circumstances specified in the regulations;

(e) 15provide for the procedure to be followed, the particulars to be
given, and the amount (or the persons who are to determine the
amount) of any fees to be paid, in connection with applications
for authorisations.

(3) Regulations under this section may make different provision for
20different cases.

12H Races and trials of speed in Scotland: further provision

(1) Section 12(1) does not apply to the promoter of an event that has been
authorised by or under regulations under section 12G if that person—

(a) promotes the event in accordance with any conditions imposed
25on the promoter by or under the regulations, and

(b) takes reasonable steps to ensure that any other conditions
imposed by or under the regulations are met.

(2) Section 12(1) does not apply to a participant in an event that has been
authorised by or under regulations under section 12G, provided that
30the participant complies with any conditions imposed on participants
by or under the regulations.

(3) Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event that
has been authorised by or under regulations under section 12G or to
any other person of a description specified in regulations made by the
35Scottish Ministers, provided that the participant or other person
complies with any conditions imposed on participants or on persons of
that description by or under regulations under section 12G.

(4) The Scottish Ministers may by regulations make provision for specified
provisions of legislation of a kind mentioned in subsection (5)—

(a) 40not to apply in relation to participants in events authorised by
or under regulations under section 12G or (as appropriate) in
relation to vehicles used by such persons;

(b) to apply in relation to such persons or vehicles subject to
modifications specified in the regulations;

(c) 45not to apply in relation to persons of a description specified in
regulations under this subsection or (as appropriate) in relation
to vehicles used by such persons;

(d) to apply in relation to such persons or vehicles subject to
modifications specified in the regulations.

(5) The kinds of legislation are—

(a) legislation restricting the speed of vehicles or otherwise
5regulating the use of vehicles on a public road;

(b) legislation regulating the construction, maintenance or lighting
of vehicles;

(c) legislation requiring a policy of insurance or security to be in
force in relation to the use of any vehicle;

(d) 10legislation relating to the duty chargeable on, or the licensing
and registration of, vehicles;

(e) legislation requiring the driver of a vehicle to hold a licence to
drive it;

(f) legislation relating to the enforcement of any legislation
15mentioned in paragraphs (a) to (e).

(6) However, regulations under subsection (4) may not disapply, or
otherwise alter the application of, sections 3A to 11 of this Act (motor
vehicles: drink and drugs).

(7) The Scottish Ministers may by regulations amend section 16A of the
20Road Traffic Regulation Act 1984 so as to enable orders under that
section that are made for the purposes of an event authorised by or
under regulations under section 12G to suspend statutory provisions in
addition to those specified in section 16A(11).

(8) The promoter of an event that has been authorised by or under
25regulations under section 12G 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,

(b) by or on behalf of a participant, or

(c) by or on behalf of a person of a description specified in
30regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to prevent
the injury or damage occurring.

(9) For the purposes of the Law Reform (Contributory Negligence) Act
1945, any injury or damage for which a person is liable under
35subsection (8) is to be treated as due to the fault of that person.

(10) In this section, “legislation” means—

(a) an Act or subordinate legislation (within the meaning of the
Interpretation Act 1978);

(b) an Act of the Scottish Parliament or an instrument made under
40an Act of the Scottish Parliament.

12I Regulations under section 12G or 12H: procedure

(1) Before making regulations under section 12H(3), (4), (7) or (8), the
Scottish Ministers must consult such persons as they consider
appropriate.

(2) 45Regulations under section 12G are subject to the negative procedure.

(3) Regulations under section 12H(3), (4), (7) or (8) are subject to the
affirmative procedure.”

73 Motor racing: road closures

(1) Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic
5authority to impose by order restrictions or temporary prohibitions on the use
of roads in connection with certain events) is amended as follows.

(2) In subsection (4), in paragraph (a), after “(motor racing on public ways)” insert
“unless a motor race order under section 12D of that Act is made in relation to
the race or trial or it is authorised by or under regulations under section 12G of
10that Act”.

(3) After subsection (11) insert—

“(12) An order under this section that is made for the purposes of a race or
trial of speed in relation to which a motor race order under section 12D
of the Road Traffic Act 1988 has been made may also suspend—

(a) 15regulations under section 25(1);

(b) section 28(1);

(c) an order under section 29(1);

(d) byelaws under section 31(1);

(e) any provision made by or under Part 4.”

74 20Motor racing: consequential amendments

(1) The Road Traffic Act 1988 is amended in accordance with subsections (2) to (5).

(2) For the italic cross-heading before section 12 substitute “Motor racing on public
ways”.

(3) Before section 13 insert the italic cross-heading “Other motor events”.

(4) 25In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

“(3A) Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”

(5) In section 195 (provisions as to regulations), after subsection (5) insert—

“(6) This section does not apply in relation to regulations under section
12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section
3012F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision
as to which is made by section 12I).”

(6) The Secretary of State may by regulations made by statutory instrument repeal
any local Act passed before this Act which makes provision for authorising
races or trials of speed between motor vehicles on highways in England and
35Wales (and, for this purpose, “highway” has the same meaning as in the Road
Traffic Act 1988).

(7) Regulations under subsection (6) may include transitional, transitory or saving
provision.

(8) Before making regulations under subsection (6), the Secretary of State must
40consult such persons as the Secretary of State considers appropriate.

(9) A statutory instrument containing regulations under subsection (6) is subject
to annulment in pursuance of a resolution of either House of Parliament.

(10) The Scottish Ministers may by regulations repeal any local Act passed before
this Act which makes provision for authorising races or trials of speed between
5motor vehicles on public roads in Scotland (and, for this purpose, “public road”
has the same meaning as in the Road Traffic Act 1988).

(11) Regulations under subsection (10) may include transitional, transitory or
saving provision.

(12) Before making regulations under subsection (10), the Scottish Ministers must
10consult such persons as they consider appropriate.

(13) Regulations under subsection (10) are subject to the negative procedure.

75 Exhibition of films in community premises

In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment),
in Part 2 (exemptions), after paragraph 6 insert—

(1) 15The provision of entertainment consisting of the exhibition of a film
at community premises is not to be regarded as the provision of
regulated entertainment for the purposes of this Act if the following
conditions are satisfied.

(2) The first condition is that prior written consent for the entertainment
20to take place at the community premises has been obtained, by or on
behalf of a person concerned in the organisation or management of
the entertainment—

(a) from the management committee of the community
premises, or

(b) 25where there is no management committee, from—

(i) a person who has control of the community premises
(as occupier or otherwise) in connection with the
carrying on by that person of a trade, business or
other undertaking (for profit or not), or

(ii) 30where there is no such person, an owner of the
community premises.

(3) The second condition is that the entertainment is not provided with
a view to profit.

(4) The third condition is that the entertainment takes place in the
35presence of an audience of no more than 500 persons.

(5) The fourth condition is that the entertainment takes place between
8am and 11pm on the same day.

(6) The fifth condition is that the film classification body or the relevant
licensing authority has made a recommendation concerning the
40admission of children to an exhibition of the film and—

(a) where a recommendation has been made only by the film
classification body, the admission of children is subject to

such restrictions (if any) as are necessary to comply with the
recommendation of that body;

(b) where a recommendation has been made only by the relevant
licensing authority, the admission of children is subject to
5such restrictions (if any) as are necessary to comply with the
recommendation of that authority;

(c) where recommendations have been made both by the film
classification body and the relevant licensing authority, the
admission of children is subject to such restrictions (if any) as
10are necessary to comply with the recommendation of the
relevant licensing authority.

(7) In sub-paragraph (6) the reference to the “relevant licensing
authority”, in relation to the exhibition of a film at particular
community premises, is a reference to—

(a) 15the licensing authority in whose area the premises are
situated, or

(b) where the premises are situated in the areas of two or more
licensing authorities, those authorities or (as the context
requires) such of those authorities as have made a
20recommendation.

(8) In this paragraph—

• “children” and “film classification body” have the same
  meaning as in section 20;

• “owner”, in relation to community premises, means—

  (a)

  25a person who is for the time being entitled to dispose
  of the fee simple in the premises, whether in
  possession or in reversion, or

  (b)

  a person who holds or is entitled to the rents and
  profits of the premises under a lease which (when
  30granted) was for a term of not less than 3 years.”

76 TV licensing: duty to review sanctions

(1) The Secretary of State must carry out a review of the sanctions that are
appropriate in respect of contraventions of section 363 of the Communications
Act 2003 (licence required for installation or use of television receiver).

(2) 35A review under subsection (1) must—

(a) examine proposals for decriminalisation of offences under section 363
of the Communications Act 2003;

(b) begin before the end of the period of 3 months beginning with the day
on which this Act is passed;

(c) 40be completed no later than 12 months after the day on which it begins;
and

(d) be laid before both Houses of Parliament by the Secretary of State on
completion and be presented to the BBC Trust.

77 TV licensing: alternatives to criminal sanctions

(1) 45The Secretary of State may by regulations made by statutory instrument—

(a) replace the TV licensing offences with civil monetary penalties payable
to the BBC, or

(b) amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so
as to enable an order to be made under section 36 of that Act conferring
power on the BBC to impose in relation to a TV licensing offence—

(i) a fixed monetary penalty (within the meaning of that Part);

(ii) 5a variable monetary penalty (within the meaning of that Part).

(2) Regulations under subsection (1)(a) may provide for the amount of a monetary
penalty to be—

(a) a fixed amount specified in, or determined in accordance with, the
regulations, or

(b) 10such amount, not exceeding a maximum amount specified in the
regulations, as may be determined by a body so specified.

(3) Regulations under subsection (1)(a) must—

(a) make provision as to the steps that must be taken before a monetary
penalty is imposed;

(b) 15make provision conferring rights to appeal against the imposition of a
monetary penalty.

(4) Regulations under subsection (1)(a) may make provision corresponding to any
provision that could be included in an order under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early
20payment discounts, late payment and enforcement).

(5) Regulations under subsection (1)(a) may—

(a) confer powers to obtain information for the purpose of determining
whether to impose a monetary penalty;

(b) confer powers of entry, search or seizure for that purpose.

(6) 25Regulations under subsection (1)(a) may repeal or otherwise amend any
provision of Part 4 of the Communications Act 2003.

(7) Any sums received by the BBC by virtue of regulations under this section must
be paid into the Consolidated Fund.

(8) Regulations under this section may include—

(a) 30consequential provision, or

(b) transitional, transitory or saving provision,

and any such provision may be made by repealing, revoking or otherwise
amending or modifying legislation.

(9) Regulations under this section may make different provision for different
35purposes or areas.

(10) A statutory instrument containing regulations under this section may not be
made unless a draft has been laid before, and approved by a resolution of, each
House of Parliament.

(11) Unless the power conferred by subsection (1) is exercised before the end of the
40period of 24 months beginning with the day on which the review required by
section 76 is completed, this section expires at the end of that period.

(12) “The TV licensing offences” are—

(a) the offence under section 363(2) of the Communications Act 2003
(installing or using a television receiver without a licence), and

(b) 45the offence under section 363(3) of that Act (having a receiver in a
person’s possession intending to install or use it without a licence etc).

(13) In this section—

• “the BBC” means the British Broadcasting Corporation;

• “legislation” means—

  (a)

  an Act or subordinate legislation (within the meaning of the
  5Interpretation Act 1978);

  (b)

  an Act of the Scottish Parliament or an instrument made under
  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for Wales or an
  instrument made under a Measure or Act of that Assembly; and

  (d)

  10Northern Ireland legislation or an instrument made under
  Northern Ireland legislation.

(14) Any regulations which are made under subsection (1) shall not take effect
before 1 April 2017.

Administration of justice

78 15Repeal of Senior President of Tribunals’ duty to report on standards

In section 15A of the Social Security Act 1998 (functions of Senior President of
Tribunals), omit subsections (2) and (3) (which require the preparation and
publication of an annual report on standards of decision-making in the making
of certain decisions of the Secretary of State against which an appeal lies to the
20First-tier Tribunal).

79 Criminal procedure: written witness statements

(1) Section 9 of the Criminal Justice Act 1967 (proof by written statement) is
amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for
25“within seven days from the service of the copy of the statement” substitute
“within the relevant period”.

(3) After subsection (2) insert—

“(2A) For the purposes of subsection (2)(d), “the relevant period” is—

(a) such number of days, which may not be less than seven, from
30the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
the copy of the statement.

(2A)(a)such number of days, which may not be less than seven, from
35the service of the copy of the statement as may be prescribed by
Criminal Procedure Rules, or

(b) if no such number is prescribed, seven days from the service of
the copy of the statement.”

(4) Omit the following—

(a) 40subsections (3) and (3A) (which make provision about the content of
written statements etc);

(b) subsection (6) (which provides for written statements to be read aloud
unless the court otherwise directs);

(c) subsection (8) (which deals with the service of documents).

(5) 45In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the
Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

“(2A) The statement is to be treated as properly served for the
purposes of section 9 of the Criminal Justice Act 1967 (proof
by written statement), even though the manner of service is
5not authorised by Criminal Procedure Rules.”;

(b) in sub-paragraph (3)—

(i) omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “either of those sections” substitute
“that section”;

(c) 10after sub-paragraph (5) insert—

“(5A) If the alleged offender makes a request to be tried, section
9(2A) of the Criminal Justice Act 1967 (time for objection) is
to apply—

(a) with the substitution for the reference in paragraph
15(a) to such number of days, which may not be less
than seven, from the service of the copy of the
statement of a reference to such number of days,
which may not be less than seven, beginning with the
day after the one on which the request to be tried was
20made, and

(b) with the substitution for the reference in paragraph
(b) to seven days from the service of the copy of the
statement of a reference to seven days beginning with
the day after the one on which the request to be tried
25was made.”;

(d) in sub-paragraph (6)—

(i) omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “are to apply” substitute “is to apply”.

(6) In consequence of subsection (4)—

(a) 30in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for
“subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and
(b)”;

(b) in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection
(8) of that section” substitute “Criminal Procedure Rules”;

(c) 35in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit
paragraph 6(1);

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

80 Criminal procedure: written guilty pleas

(1) Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused:
40plea of guilty) is amended as follows.

(2) In subsection (7), after “shall” insert “, subject to rules of court made under
subsection (7ZA),”.

(3) After subsection (7) insert—

“(7ZA) Rules of court may—

(a) 45specify which of paragraphs (a) to (d) of subsection (7) (if any)
are to apply;

(b) provide that any such paragraph is to apply only in
circumstances specified in the rules.

(7ZB) Where rules of court are made under subsection (7ZA), subsection (7)
applies only to the extent provided for by the rules.”

81 5Criminal procedure: powers to make Criminal Procedure Rules

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section
2 (procedure for indictment of offenders)—

(a) in subsection (6), for “Rules” substitute “Criminal Procedure Rules”;

(b) omit subsection (6A).

(2) 10In that section, in subsection (2), in paragraph (i) of the proviso, for “section
57D(1)” substitute “section 51D(1)”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders
and issue of warrants in respect of excluded or special procedure material)—

(a) in paragraph 7, after “paragraph 4 above” insert “that relates to material
15that consists of or includes journalistic material”;

(b) in paragraph 8, for “such an order” substitute “an order under
paragraph 4 above that relates to material that consists of or includes
journalistic material”;

(c) in paragraph 9, for “Such a notice” substitute “Notice of an application
20for an order under paragraph 4 above that relates to material that
consists of or includes journalistic material”;

(d) in paragraph 10, for “this Schedule” (in each place where it occurs)
substitute “paragraph 8”;

(e) after paragraph 15 insert—

25“Procedural rules

15A Criminal Procedure Rules may make provision about
proceedings under this Schedule, other than proceedings for
an order under paragraph 4 above that relates to material that
consists of or includes journalistic material.”

(4) 30In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue
of warrants in respect of obtaining information in terrorist investigations:
England and Wales and Northern Ireland), in paragraph 11 (which deals with
the issue of warrants in respect of excluded or special procedure material),
after sub-paragraph (4) insert—

“(5) 35Criminal Procedure Rules may make provision about proceedings
relating to a warrant under this paragraph.”

(5) In the Criminal Justice and Police Act 2001, in section 59 (applications for the
return of seized property etc), after subsection (12) insert—

“(13) Criminal Procedure Rules may make provision about proceedings
40under this section on an application to a judge of the Crown Court in
England and Wales.”

(6) In the Proceeds of Crime Act 2002, in section 352 (applications for search and

seizure warrants), after subsection (7) insert—

“(8) Criminal Procedure Rules may make provision about proceedings
under this section on an application to a judge entitled to exercise the
jurisdiction of the Crown Court in England and Wales.”

82 5 “MAPPA arrangements” to cease to apply to certain offenders

(1) Section 327 of the Criminal Justice Act 2003 (which makes provision about the
offenders in respect of whom multi-agency public protection arrangements -
sometimes referred to as “MAPPA arrangements” - must be made) is amended
as follows.

(2) 10In subsection (1), for “subsections (2) to (5)” substitute “subsections (2) to (4)”.

(3) In subsection (3), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.

(4) In subsection (4), in paragraph (a), after “Schedule 15” insert “or in subsection
(4A) below”.

(5) 15After subsection (4) insert—

“(4A) The offences specified in this subsection are—

(a) an offence under section 1 of the Child Abduction Act 1984
(abduction of child by parent);

(b) an offence under section 4 of the Asylum and Immigration
20(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation), where the offence is committed against a child;

(c) an offence under section 4(3) of the Misuse of Drugs Act 1971
where the offence is committed by—

(i) supplying or offering to supply a Class A drug to a
25child,

(ii) being concerned in the supplying of such a drug to a
child, or

(iii) being concerned in the making to a child of an offer to
supply such a drug;

(d) 30an offence of aiding, abetting, counselling, procuring or inciting
the commission of an offence specified in this subsection;

(e) an offence of conspiring to commit an offence so specified;

(f) an offence of attempting to commit an offence so specified.”

(6) Omit subsection (5).

(7) 35In subsection (6), after “In this section” insert “—

• child” means a person under 18;”.

83 Removal of requirement that prison closures be made by order

(1) The Prison Act 1952 is amended as follows.

(2) In section 37 (closing of prisons)—

(a) 40in subsection (1)—

(i) omit “Subject to the next following subsection,”;

(ii) omit “by order”;