Deregulation Bill (HL Bill 95)

(b) omit subsections (2) and (3).

(3) In section 43 (remand centres and young offender institutions)—

(a) in subsection (5), for “sections 28 and 37(2)” substitute “section 28”;

(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “and 28”.

(4) 5In section 52 (exercise of power to make orders, rules and regulations)—

(a) in subsection (1), omit “, 37”;

(b) in subsection (2), omit “or an order made under section thirty-seven of
this Act,”.

84 Power of HMRC to disclose information for purposes of certain litigation

(1) 10The Commissioners for Her Majesty’s Revenue and Customs may disclose
information held by them—

(a) to a person who is entitled to bring proceedings under the fatal
accidents legislation or for whose benefit such proceedings may be
brought, for use in connection with the proceedings or in reaching a
15settlement without the need to bring proceedings;

(b) to a person who is entitled to bring proceedings for damages for
personal injury for the benefit of the estate of a deceased person, for use
in connection with the proceedings or in reaching a settlement without
the need to bring proceedings;

(c) 20to a person who has made or who wishes to make an application for a
payment under the Diffuse Mesothelioma Payment Scheme on the
basis that he or she is eligible for such a payment under section 3 of the
Mesothelioma Act 2014 (eligibility of dependants for payments under
the Scheme), for use in connection with the application.

(2) 25“The fatal accidents legislation” means—

(a) the Fatal Accidents Act 1976;

(b) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251S.I. 1977/1251 (N.I.
18));

(c) section 4 of the Damages (Scotland) Act 2011.

30Other measures to reduce burdens on public authorities

85 Poisons and explosives precursors

Schedule 19 introduces a common system for regulating the possession etc of
non-medicinal poisons and explosives precursors.

86 London street trading appeals: removal of role of Secretary of State in appeals

(1) 35The London Local Authorities Act 1990 is amended in accordance with
subsections (2) and (3).

(2) After section 30 insert—

“30A Other Part III appeals

(1) Any person aggrieved—

(a) 40by a resolution rescinding or varying a designating resolution;

(b) by a resolution under subsection (1)(b) of section 24
(Designation of licence streets) of this Act;

(c) by a standard condition prescribed by regulations under
subsection (3) of section 27 (Conditions of street trading
5licences) of this Act; or

(d) by the amount of a fee or charge under section 32 (Fees and
charges) of this Act;

may appeal to a magistrates’ court acting for the area of the borough
council which passed the resolution, prescribed the condition or
10determined the amount of the fee or charge (as the case may be).

(2) An appeal under subsection (1) may be brought—

(a) in the case of an appeal under paragraph (a) or (b) of that
subsection, at any time before the expiration of the period of
three months beginning with the date on which notice of the
15passing of the resolution is published for the second time in
accordance with subsection (10) of section 24 (Designation of
licence streets) of this Act;

(b) in the case of an appeal under paragraph (c) of that subsection,
at any time before the expiration of the period of three months
20beginning with the date upon which the licence holders or a
body or bodies representative of them were notified of the
making of the regulations;

(c) in the case of an appeal under paragraph (d) of that
subsection—

(i) 25if it relates to the amount of a fee payable under
subsection (1) of section 32 (Fees and charges) of this
Act, at any time before the expiration of the period of
three months beginning with the date on which the fee
payable is notified to the licence holders or a body or
30bodies representative of them;

(ii) if it relates to the amount of a charge under subsection
(2) of section 32 (Fees and charges) of this Act, at any
time before the expiration of the period of three months
beginning with the date on which notice of the
35determination of the charge has been given to the licence
holders or a body or bodies representative of them.

(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the borough council specifying
the matter about which the person is aggrieved and the grounds upon
40which the appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(3) In section 30—

(a) omit subsections (11) and (12);

(b) 45in the sidenote, after “Part III appeals” insert “: refusal to grant a licence
etc.”.

(4) Section 19 of the City of Westminster Act 1999 is amended as follows.

(5) In subsection (1), for the words from “the Secretary of State” to the end of the
subsection substitute “a magistrates’ court acting for the area of the council”.

(6) After subsection (2) insert—

“(3) A person desiring to appeal under subsection (1) shall give written
notice to the magistrates’ court and to the council specifying the matter
about which the person is aggrieved and the grounds upon which the
5appeal is made.

(4) On an appeal to a magistrates’ court under this section, the court may
make such order as it thinks fit.”

(7) For the sidenote substitute “Appeals to a magistrates’ court”.

87 Gangmasters (Licensing) Act 2004: enforcement

10In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and
compliance officers) after subsection (6) insert—

“(7) This section does not prevent the Secretary of State from making
arrangements for ensuring that functions relating to the institution or
conduct of proceedings in England and Wales for an offence under this
15Act are carried out by the Director of Public Prosecutions and,
accordingly, the terms of appointments under subsection (1), or
arrangements under subsection (2), may include provision, or be
modified so as to include provision, for enforcement officers not to
carry out such functions at any time when they are being carried out by
20the Director.”

88 Reduction in regulation of providers of social work services

(1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act
to apply to a provider of social work services as it applies to an agency to which
that Act applies).

(2) 25In consequence of subsection (1)—

(a) in that Act, omit—

(i) section 5(1A)(f), and the “and” before it;

(ii) section 121(4A);

(b) in the Children and Young Persons Act 2008, omit section 4.

89 30Electoral Commission: changes to facilitate efficient administration

(1) Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the
Electoral Commission) is amended as follows.

(2) Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4).

(3) In sub-paragraph (1), after “paragraph 14” insert “in respect of the first
35financial year to begin after the day on which Parliament meets for the first
time following a parliamentary general election,”.

(4) After that sub-paragraph insert—

“(1A) The Speaker’s Committee may require the Commission to submit a
plan under sub-paragraph (1) when the Commission submit such an
40estimate as is mentioned in paragraph 14 in respect of a financial year
other than one mentioned in that sub-paragraph.”

(5) In paragraph 16 (annual examination of Commission by Comptroller and
Auditor General), in sub-paragraph (1)—

(a) after “paragraphs 14 and 15” insert “in respect of any year when both
an estimate under paragraph 14 and a five-year plan under paragraph
515 are submitted to them,”;

(b) for “in each year” substitute “before the Committee consider the
estimate and plan”.

(6) In the cross-heading preceding paragraph 16, for “Annual examination”
substitute “Examination”.

90 10LGBC for England: changes to facilitate efficient administration

(1) Schedule 1 to the Local Democracy, Economic Development and Construction
Act 2009 (Local Government Boundary Commission for England) is amended
as follows.

(2) In paragraph 5 (committees), for sub-paragraph (3) substitute—

“(3) 15A committee established under this paragraph to review the
economy, efficiency or effectiveness with which the Commission has
used its resources, or any sub-committee of such a committee, may
include up to two people who are not also members of the
Commission (“independent members”).

(4) 20The Commission may not appoint as an independent member
anyone who would be ineligible for appointment as a member of the
Commission because of paragraph 1(3).

(5) An independent member must be appointed on such terms and
conditions, including terms and conditions as to remuneration, as
25the Commission may determine.

(6) Except as provided by sub-paragraph (3), only a member of the
Commission may be a member of one of its committees or sub-
committees.”

(3) Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5).

(4) 30In sub-paragraph (1), after “paragraph 11” insert “in respect of the first
financial year to begin after the day on which Parliament meets for the first
time following a parliamentary general election”.

(5) After that sub-paragraph insert—

“(1A) The Speaker’s Committee may require the Commission to submit a
35plan under sub-paragraph (1) when the Commission submits such
an estimate as is mentioned in paragraph 11 in respect of a financial
year other than one mentioned in that sub-paragraph.”

(6) In paragraph 13 (annual examination by Comptroller and Auditor General), in
sub-paragraph (1)—

(a) 40for “For the purposes of paragraphs 11 and 12” substitute “For the
purpose of assisting the Speaker’s Committee to discharge their
functions under paragraphs 11 and 12 in respect of any year when both
an estimate under paragraph 11 and a five-year plan under paragraph
12 are submitted to them,”;

(b) for “in each year” substitute “before the Committee consider the
estimate and plan”.

(7) In the cross-heading preceding paragraph 13, for “Annual examination”
substitute “Examination”.

91 5NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc

(1) The National Health Service Act 2006 is amended as follows.

(2) In section 56A (acquisitions), after subsection (4) insert—

“(4A) Where the regulator proposes to grant the application, it may by order
make provision for the transfer of employees of B to A on the grant of
10the application.”

(3) After section 56A insert—

“56AA Acquisitions under section 56A: supplementary

(1) On the grant of an application under section 56A—

(a) any order made by the regulator under section 56A(4A) takes
15effect,

(b) the property and liabilities of the acquired NHS foundation
trust or NHS trust are transferred to the acquiring NHS
foundation trust (other than rights and liabilities which may be
dealt with by order under section 56A(4A)),

(c) 20the acquired NHS foundation trust or NHS trust is dissolved,
and

(d) where the acquired trust is an NHS trust, the NHS trust order
establishing it is revoked.

(2) So far as may be necessary for the purposes of subsection (1)(b)—

(a) 25anything done before the grant of the application by or in
relation to the acquired trust is to be treated (on and after the
grant) as having been done by or in relation to the acquiring
trust;

(b) any reference in a document to the acquired trust is to be read
30as a reference to the acquiring trust.

(3) Anything (including legal proceedings) that, immediately before the
grant of the application, is in the process of being done by or in relation
to the acquired trust may continue to be done afterwards by or in
relation to the acquiring trust.

(4) 35In subsection (1)—

(a) “liabilities” includes criminal liabilities;

(b) “property” includes trust property.”

(4) In section 57 (sections 56 to 56B: supplementary), after subsection (3) insert—

“(3A) The order may include provision for the transfer of employees of the
40trust or trusts dissolved by the order.”

(5) In section 64 (orders and regulations under this Chapter)—

(a) in subsection (4), before paragraph (c) insert—

“(ba) section 56A(4A),”;

(b) in subsection (4A), after “section” insert “56A(4A),”.

(6) In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words
following “trust” to the end substitute “—

(i) to an NHS body;

(ii) 5to the Secretary of State;

(iii) between more than one NHS body or between one or
more NHS bodies and the Secretary of State.”

(7) In that section, in subsection (5), for “to an NHS foundation trust” substitute “to
an NHS body”.

(8) 10In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as it
has effect until its repeal by section 179(2) of the Health and Social Care Act
2012, at the beginning insert “Subject to section 56AA,”.

92 Access to registers kept by Gas and Electricity Markets Authority

(1) Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas
15supply) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) (duty on Authority to maintain register), omit “at such
premises and”.

(3) For subsection (4) substitute—

“(4) The contents of the register must be shown on the Authority’s website.”

(4) 20In consequence of the amendment made by subsection (3) of this section, in
subsection (5), for “so made” substitute “made by the Secretary of State”.

(5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that
Act: electricity supply) is amended in accordance with subsections (6) to (8).

(6) In subsection (1) (duty on Authority to maintain register), omit “at such
25premises and”.

(7) For subsection (5) substitute—

“(5) The contents of the register must be shown on the Authority’s website.”

(8) In consequence of the amendment made by subsection (7) of this section, in
subsection (6), for “so made” substitute “made by the Secretary of State”.

93 30Information contained in entries of births and deaths

(1) The Births and Deaths Registration Act 1953 is amended as follows.

(2) After section 34 (entry in register as evidence of birth or death) insert—

“34A Searches and records of information: additional provision

(1) The Minister may make regulations for the purpose of enabling the
35Registrar General—

(a) to carry out, on request, a search to find out whether the
Registrar General’s certified copies contain a particular entry;

(b) to provide, on request, a record of information contained in an
entry in the Registrar General’s certified copies, otherwise than
40in the form of a certified copy.

(2) The regulations may authorise or require the Registrar General to
charge a fee of an amount specified in the regulations for carrying out
a search or providing a record.

(3) The regulations may make provision—

(a) 5as to how a request for a search or a record may be made;

(b) as to the forms in which a record may be provided.

(4) The provision that may be made in the regulations includes provision
for a record to be provided in a form that does not include all of the
information contained in an entry.

(5) 10This section does not affect the entitlement under this Act of any person
to a certified copy of an entry in the Registrar General’s certified copies.

(6) In this section, “the Registrar General’s certified copies” means the
certified copies of entries in registers sent to the Registrar General
under this Act or under any enactment repealed by this Act and kept in
15the General Register Office.

(7) Section 30(4) applies for the purposes of this section as it applies for the
purposes of section 30.”

(3) In section 39 (regulations), in paragraph (a), for “and 10C” substitute “, 10C and
34A”.

(4) 20In section 39A (regulations made by the Minister: further provisions), in
subsection (5), for “and 10C” substitute “, 10C and 34A”.

94 Information contained in entries of marriages and civil partnerships

(1) After section 65 of the Marriage Act 1949 (searches of indexes kept by Registrar
General) insert—

“65A 25Searches and records of information: additional provision

(1) The Secretary of State may make regulations for the purpose of
enabling the Registrar General—

(a) to carry out, on request, a search to find out whether the
Registrar General’s certified copies contain a particular entry;

(b) 30to provide, on request, a record of information contained in an
entry in the Registrar General’s certified copies, otherwise than
in the form of a certified copy.

(2) The regulations may authorise or require the Registrar General to
charge a fee of an amount specified in the regulations for carrying out
35a search or providing a record.

(3) The regulations may make provision—

(a) as to how a request for a search or a record may be made;

(b) as to the forms in which a record may be provided.

(4) The provision that may be made in the regulations includes provision
40for a record to be provided in a form that does not include all of the
information contained in an entry.

(5) Before making regulations under this section, the Secretary of State
must consult the Registrar General.

(6) Regulations under this section are to be made by statutory instrument.

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

(8) 5This section does not affect the entitlement of any person to a certified
copy of an entry in the Registrar General’s certified copies.

(9) In this section, “the Registrar General’s certified copies” means the
certified copies of entries in marriage register books sent to the
Registrar General under this Part of this Act and kept in the General
10Register Office.”

(2) In section 36 of the Civil Partnership Act 2004 (regulations and orders), in
subsection (2), after paragraph (f) insert—

“(g) for the carrying out by the Registrar General, on request, of
searches of entries in the register and the provision, on request,
15of information contained in the entries (otherwise than in the
form of certified copies).”

(3) In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil
partnership into marriage), in subsection (5), after paragraph (b) insert—

“(ba) the carrying out, on request, of searches of any information
20recorded and the provision, on request, of records of any
information recorded (otherwise than in the form of certified
copies);”.

95 Repeal of duty to prepare sustainable community strategy

(1) In the Local Government Act 2000, omit section 4 (which requires local
25authorities in England to prepare sustainable community strategies).

(2) In consequence of subsection (1), omit the following provisions—

(a) in that Act of 2000, section 4A;

(b) in the Planning and Compulsory Purchase Act 2004, section 19(2)(f)
and (g) and (7);

(c) 30in the Sustainable Communities Act 2007, section 7;

(d) in the Local Government and Public Involvement in Health Act 2007,
sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;

(e) in the Housing and Regeneration Act 2008, section 126;

(f) in the Child Poverty Act 2010, section 24;

(g) 35in the Equality Act 2010, section 1(4) and (5);

(h) in the Local Government (Wales) Measure 2009, in Schedule 2,
paragraph 3.

96 Repeal of duties relating to local area agreements

(1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in
40Health Act 2007—

(a) omit sections 105 to 113 (which impose duties on local authorities in
England to make local area agreements specifying local improvement
targets if so directed by the Secretary of State);

(b) in section 117—

(i) omit the definitions of “designated target”, “local area
agreement”, “local improvement target” and “revision
proposal”;

(ii) in the definition of “responsible local authority” omit the words
5from “and “the responsible local authority”, in relation to a local
area agreement” to the end of the definition;

(c) omit section 118(1) and (2) (which make transitional provision in
relation to local area agreements).

(2) In consequence of subsection (1), in the heading of the Chapter, omit “Local
10Area Agreements and”.

97 Repeal of provisions relating to multi-area agreements

(1) Omit Part 7 of the Local Democracy, Economic Development and Construction
Act 2009 (which makes provision for the approval by the Secretary of State of
multi-area agreements prepared by local authorities in England and for the
15effect of such approval etc).

(2) In consequence of subsection (1)—

(a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 377;

(b) in the Education Act 2011, in Schedule 16, omit paragraph 45;

(c) 20in the Health and Social Care Act 2012, in Schedule 5, omit paragraph
172.

98 Repeal of duties relating to consultation or involvement

(1) In the Local Government Act 1999, omit section 3A (which makes provision for
best value authorities to involve local representatives in the exercise of their
25functions).

(2) In consequence of subsection (1)—

(a) in the Local Government Act 1999, in section 28(2), omit “3A,”;

(b) in the Local Government and Public Involvement in Health Act 2007,
omit section 138;

(c) 30in the Police Reform and Social Responsibility Act 2011, in Schedule 16,
omit paragraph 243.

(3) Schedule 20 makes provision for disapplying certain other requirements about
consultation etc imposed on public bodies.

Legislative reform

99 35Power to spell out dates described in legislation

(1) A Minister of the Crown may by order made by statutory instrument—

(a) replace a reference in legislation to the commencement of a provision
with a reference to the actual date on which the provision comes into
force;

(b) 40replace a reference in legislation to the date on which any other event
occurs with a reference to the actual date on which that event occurs.

(2) An order under subsection (1) may amend the legislation to include an
explanation of the date and may make other consequential amendments to
legislation.

(3) An order under this section may not amend subordinate legislation made by
5the Welsh Ministers or by the National Assembly for Wales constituted by the
Government of Wales Act 1998.

(4) An order under this section may not amend provision that would be within the
legislative competence of the Scottish Parliament if it were contained in an Act
of that Parliament.

(5) 10An order under this section may not amend provision that would be within the
legislative competence of the Northern Ireland Assembly if it were contained
in an Act of that Assembly, unless—

(a) a Bill for an Act of that Assembly containing the provision would
require the consent of the Secretary of State under section 8 of the
15Northern Ireland Act 1998, and

(b) the provision does not affect, other than incidentally, a transferred
matter (within the meaning of that Act).

(6) In this section—

• “Minister of the Crown” has the same meaning as in the Ministers of the
  20Crown Act 1975;

• “legislation” means an Act or subordinate legislation;

• “subordinate legislation” has the same meaning as in the Interpretation
  Act 1978.

100 Combining different forms of subordinate legislation

(1) 25Any provision that may be made by order, regulations or rules made by
statutory instrument may be made by any other of those forms of legislation
made by statutory instrument.

(2) Subsection (1) does not affect the procedure for making the instrument.

(3) A reference in any enactment or other instrument to an order, regulations or
30rules under an enactment (however expressed) includes a reference to
provision made under it because of subsection (1).

(4) Subsection (1) does not apply in relation to any power of the Welsh Ministers
to make provision by statutory instrument

101 Ambulatory references to international shipping instruments

35After section 306 of the Merchant Shipping Act 1995 insert—

“306A Power to make ambulatory references to international instruments

(1) This section applies where—

(a) a person has power under this Act to make subordinate
40legislation, and

(b) the person proposes to exercise that power to make subordinate
legislation which refers to an international instrument.